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Child support issues when one parent lives outside B.C.

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, September 12, 2017.

Getting a court order for child support when a former spouse is living outside the province or even outside the country was once a tricky situation. However, British Columbia now has agreements with all provinces and territories. Agreements also exist with several other nations that will honor child support and spousal support arrangements fashioned in the region.

The province wanted to make sure both parties involved in the process were treated fairly and that, if needed, both people could present any evidence before the order was entered. The former process could be long and arduous. So, B.C. provincial and supreme court judges discussed the matter with the provincial Ministry of Justice, which culminated in a new way of doing things — the Interjurisdictional Support Order Act (ISO).

Lawyers in the process, appearing as a “friend of the court,” should be at the ready if the case goes to trial. However, lawyers, except for Surrey and Vancouver Robson Provincial Courts, appear by video or can phone in. Standard forms are also now available to help in the timely preparation of any child support orders.

The average decision time on an application has been reduced from more than 20 to 9.3 months. Not one form has been put off without a set date since the new process has been in place. The process continues to be evaluated.

British Columbia residents who experience child support issues would do well with the guidance and experience of a family law lawyer. He or she knows the ins and outs of the process in place regarding the legalities of child support. A lawyer will be able to offer solid advice on how to address any issues.

Source: provincial court.bc.ca, “Dealing with child support issues when one parent lives outside BC,” Accessed on Sept. 11, 2017

Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Parenting coordination may limit child custody disputes

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A dictionary opened to the word 'divorce'On behalf of Laughlin & Company Legal Attorneys posted in Child Custody on Wednesday, June 21, 2017.

The fact that divorced British Columbia parents presented a parenting plan to the court and had it approved does not mean all will proceed smoothly. Life is full of unexpected turns and events that may require modifications or adjustments to carefully devised schedules and plans. While parents may find it easy to cope with minor changes to their child custody and parenting plans, modifications that are more complicated may lead to disputes or contention.

It is in times like these when the responsibilities of a family lawyer such as those at Laughlin & Company Lawyers Mediators can be invaluable. They focus on resolving child-related issues by providing divorced parents with a platform for mediated negotiations. In most cases, their skilled guidance leads to compromise and the development of adjusted parenting schedules that suit both parents while still focused on the best interests of the child.

However, some issues can cause ongoing conflict between former spouses. These may involve extracurricular activities, contact with extended family members and other unanticipated events. Laughlin & Company can arrange parenting coordination to shield conflicting parents from each other by acting as a barrier when they express their opinions. A parenting coordinator facilitates communication and aims to help families learn how to work through day-to-day issues without antagonism.

Divorced couples in British Columbia may find that the professional but personalized approach of the legal team at Laughlin & Company Lawyers Mediators can help them master the skills of negotiation through communication and compromise. Many find this to be empowering, knowing that they can manage to resolve day-to-day parenting issues that are common in any family. With such professional guidance, child custody issues need not jeopardize post-divorce parent-child relationships.

Family Lawyers Coquitlam, BC

Lawyers & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Child support enforcement can be severe

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Two children look across a canyonOn behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 18, 2017.

Life is unpredictable, and circumstances may change for British Columbia parents who are divorced. Loss of employment, unexpected medical expenses and more can lead to financial difficulties that might render a parent unable to pay child support. However, stopping payments altogether can exacerbate the problems, and it might be more appropriate to seek modification of the child support order.

Only a judge can alter a child support order, even if negotiations with the other parent lead to an agreement to lower the amount. That agreement must be presented to the judge with a motion to change the child support order. Neglecting to get such a modification authorized by the court can lead to enforcement action.

Child support enforcement can take place in several ways, one of which is a garnishee summons issued by the court that will order the person’s employer to withhold federal salary or pension. If other enforcement methods fail, a person might receive a notice of intention to suspend his or her federal license or passport. If no arrangements are made to pay the owed amount, such suspension might follow.

All these enforcement measures might be avoided with the support and guidance of an experienced family law lawyer who can answer all of your child custody questions. Consulting with such a professional as soon as financial difficulties may lead to a solution. A British Columbia lawyer can help with negotiations with the other parent, motivating a motion for modification of child support in the court, or negotiate payment of owed amounts with the Maintenance Enforcement Program. A lawyer can also obtain information on active enforcement proceedings from the Family Orders and Agreements Enforcement Assistance Unit and suggest available remedies.

Lawyers Port Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

Source: justice.gc.ca, “Resolve Enforcement Issues“, May 12, 2017

Child custody and co-parenting issues: A tough challenge

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A mother with custody of her child.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, May 3, 2017.

Regardless of how amicable a divorce is, most British Columbia parents will find it tough to navigate co-parenting without difficulties. Divorced parents may keep in mind that they will be ex-spouses once the divorce and child custody issues are decided, but they will never be ex-parents. Children will likely need more proof of love and support of both parents after a divorce, even if only to reassure them that they did not bring about the divorce.

Except in circumstances of domestic violence or abuse, the continued relationships between children and parents will play important roles in their abilities to develop into well-adjusted adults. In many cases, it will also affect the way children treat their families when they grow up. This may all be easier said than done because the frustrations and problems that led to the divorce do not just disappear when the divorce is final.

Co-parenting may be more challenging after divorce because it is not uncommon for feelings of vengeance or reprisal to sneak up and take over from time to time. It may also be a challenge to accept that the children will spend time with an ex and his or her new love. The trick may be to focus on the children rather than on what happened in the past and even what the spouse does now. Taking care of the stability and security of the children may help to keep things on an even keel.

If co-parenting and child custody rights become more problematic, a consultation with an experienced British Columbia family law lawyer, like Laughlin Family Attorneys may be in order. Such professionals are not only available for litigation — they can also provide valuable advice and guidance. A lawyer could also arrange the services of a qualified family law mediator to facilitate communication and compromise between divorced parents to reach parenting agreements that will be in the best interests of their children.

Source: helpguide.org, “Co-Parenting Tips for Divorced Parents“, Accessed on April 27, 2017

Lawyers in Port Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How long do child support responsibilities continue?

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A child covers her ears in frustration over custody.On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, April 5, 2017.

Whenever British Columbia parents file for a divorce, both parents will be responsible for the welfare and care of the child. Regardless of whether they were in a common-law relationship or married, one parent typically has to pay child support. One of the first questions asked in such circumstances is regarding for how long child support must be paid.

Under the Family Law Act and the Divorce Act, child support must continue until a child turns 19 years old. Also, if the child is disabled or has an illness that prevents him or her from caring for themselves, the parent must continue to pay child support. Another situation in which a parent must provide for a child’s board, room and basic necessities of life even after his or her 19th birthday is when the child is studying at an accredited institution such as a technical college, university or college.

There are exceptions to these laws, and an unemployed child older than 19 years who continues to live in the home of the custodial parent may not necessarily be taken off child support. The court will consider the circumstances. If a child is not gainfully employed because he or she has not bothered to find a job, the court may order an end to child support. On the other hand, if the parent lives in an area known for high unemployment levels, ongoing child support might be ordered.

An experienced British Columbia family law child custody lawyer will be able to answer all questions about child support and other issues. If the custodial parent seeks more money, or the non-custodial parent wants a reduction due to financial hardship, a motion for child support modification can be filed. The support and guidance of the lawyer will be available. A skilled lawyer will assess the circumstances and explain the potential remedies to enable the parent to make an informed choice about how to proceed.

Source: familylaw.lss.bc.ca, “When does child support end?“, Accessed on April 5, 2017

Lawyers Port Coquitlam, British Columbia

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Child custody may be best negotiated with legal guidance

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Child custody and family play hand in hand.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, March 14, 2017.

In British Columbia, the legal terms related to childcare and access have changed to parenting time and parenting responsibilities. These are the components of what used to be called child custody and is now known as child guardianship. While child custody used to indicate whom the primary caregiver of a child will be after a divorce, guardianship aims to involve both parents in the post-divorce care of the children — except when such arrangements may expose the child to harm.

Most parents agree with the updated laws that give families the chance to continue parent-child relationships even after divorce. However, drafting parenting plans that will meet the schedules and needs of both parents without jeopardizing the best interests of the child can be challenging. While matters such as the responsibilities of supervision, religion, medical treatment, health care and more must be considered, all the day-to-day decisions will need to be made.

Parents may find comfort in learning that there are lawyers who focus on the family law — who know that most mothers and fathers prioritize the stability and happiness of their children. Lawyers such as those at Laughlin & Company lawyer whose paramount concern is the needs of parents and children can facilitate negotiations and discussions on that basis. This will provide a platform for parents to work out how best to arrange their time and responsibilities in relation to their children.

Some divorced parents in British Columbia have learned that a team of legal representatives such as the lawyers at Laughlin & Company understand that many family law issues need to be revisited in the future. The circumstances of parents change over time, and so do the needs of children. Many people enjoy peace of mind knowing that their legal advisors will be there in the future when child custody issues need modification, or when they need guidance and support with any other family law matters.

Port Coquitlam, BC Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Bitcoin often used to conceal funds in a high-asset divorce

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A couple sits staring away from each other in a divorce case.

On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Monday, February 27, 2017.

Just like the changes that the internet has brought in which emails have replaced traditional communication methods, technology has made it possible for monetary transactions to be done without a bank or a government entity. This has created a means of hiding assets in a high\-asset divorce. However, such transactions are traceable and could adversely affect the manner in which the British Columbia court treats a deceiving spouse in a contested divorce.

Bitcoin is a virtual currency that its inventor calls a cryptocurrency, and it allows peer-to-peer transfers without third parties. Those who are in highly contentious divorces might think that Bitcoin transactions are anonymous. However, each registered user is assigned a wallet address where his or her Bitcoin funds are stored. This address consists of a number string by which forensic investigators can trace and identify the wallet owner.

During a forensic investigation, any monetary transfers that are substantial will be questioned. If it is determined that those transfers were for purchases of Bitcoin — or other cryptocurrencies such as Zcash or Monero — the court may see it as dissipating of marital assets. That person will likely not receive an equitable share of the property in the asset division process based on previous examples of family law cases.

British Columbia residents who suspect a soon-to-be former spouse of using devious ways to hide funds in a high-asset divorce may find comfort in knowing that an experienced divorce lawyer will likely have access to forensic specialists who can trace funds that are concealed. A seasoned Laughlin Law Divorce Lawyer can also provide support and guidance with other divorce-related issues. These can include the division of other marital property and matters related to child custody, child support, spousal support and more.

Source: The Huffington Post, “Hiding Assets with Bitcoin in Divorce“, David Centeno, Feb. 23, 2017

Port Coquitlam Attorney

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Division of property: Are cash divorce settlements taxable?

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On behalf of Laughlin & Company Lawyers, Mediators posted Division of Property on Tuesday, January 31, 2017.

When a married or common-law couple in British Columbia decides to go their separate ways, it may be wise for each party to retain legal counsel to provide guidance during negotiations. Division of property can be a complicated process, and ignorance of tax and other laws may have unanticipated consequences. An experienced divorce lawyer can explain the tax implications of any monetary offers made by the other party.

A woman recently asked a question about the tax consequences of accepting a cash settlement offer from her former husband. She wanted to know about her tax liability on such a settlement, and whether her ex could use it as a tax deduction. The Real Property Tax Act governs transfers of property between spouses, and the Canada Revenue Agency enforces it. Furthermore, the laws of the various provinces and territories vary with relation to equalization or division of marital property.

Any cash settlement offered for marital property or equalization will not be taxable for the receiver or tax deductible for the giver. The same will apply if it was offered as a lump sum payment for support. However, documenting any payment made during a divorce or separation is best recorded in a legal separation agreement.

This is a complicated field of the law, and securing the support and guidance of an experienced British Columbia divorce lawyer can prevent unanticipated complications. A skilled legal representative can explain the tax implications of any settlement amounts paid or offered during the division of property. The attorney can also document the payments in a separation agreement in a manner that complies with the requirements of all applicable laws.

Source: moneysense.ca, “Do I need to pay tax on my divorce settlement?“, Debbie Hartzman, Jan. 20, 2017

Family Lawyers in Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370