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Division of property could be a kink in a retirement plan

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On behalf of Laughlin & Company Lawyers, mediators posted Division of Property on Monday, September 25, 2017.

Divorce can be a costly endeavor. When a divorcing British Columbia couple shares a lot of assets, splitting up could mean having to rethink any retirement plans that may have been in place for quite some time. That process typically includes the division of property, and some financial guidance may be prudent.

Most assets in a divorce situation in Canada are divided equally. But the way in which they can be separated can be done creatively. Divorce changes the spending forecast, and older couples may need to keep that in mind moving forward.

Planning will give each a picture of the financial future. Some questions that could be asked are: Will the house be sold? Are there any children who will need support? How long will each be working? How do they view spending retirement years?

Couples also need to figure out the process for dividing Registered Retirement Savings Plans as well. When figuring the approximate worth of an RRSP, each is given a notional tax, taking into account an estimate of the retirement tax bracket of the holder. Income from an RRSP will be taxed as money is withdrawn. An actuary may need to come up with those figures.

Each divorce is different, and so each financial plan for a divorce will be unique as well. There is not just one way to split assets. Division of property can be complicated. In addition to enlisting the aid of a financial planner, it may be wise to get the advice of an attorney in British Columbia who is experienced in family law. He or she will be able to answer any questions regarding the legalities of a divorce situation as it pertains to finances.

Source: cbc.ca, “Divorce: splitting your assets means rethinking retirement plan – CBC News,” Accessed on Sept. 23, 2017

Lawyers in Coquitlam

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

Divorce mediation: Transforming parenting roles during divorce

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A family enjoying time together before a divorce lawyer is involved

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, September 4, 2017.

Waving the white flag is the first order of business when it comes to making the best out of a less than stellar divorce situation. Divorce is usually not looked upon as a positive regarding any familial area. But by adopting a divorce model used in British Columbia divorce mediation, divorce couples can parent their children as separate individuals as well as they were able to as a couple.

No couple wants any animosity that may be between them to be transferred to their children. There are times when children — in as much pain about the divorce as they may be — may use the situation to their advantage, and this is where having a parenting plan or map comes in handy. A family mediator may be able to diffuse situations where a child or children are pitting one parent against the other.

Focusing on the children is of the utmost importance when working out parenting roles during and after divorce. Children often think that they are responsible for their parents splitting up and that they must fix things. Part of the role of family mediation is to help parents deal with these emotions in their children.

Children deal with divorce differently at different ages, according to experts in psychology. When parents realize that if they don’t work as a team when it comes to their kids, their kids will try to pit them against each other mainly for attention. How children act could also be a reactionary way of how each parent is coping with the separation.

These are the kind of issues that can be discussed with a British Columbia lawyer experienced in family law and divorce mediation issues. A caring and concerned lawyer would be able to help divorcing parents and their children to get the help necessary to help through an emotional time. As well, a lawyer will make sure all the legalities of the divorce have been addressed, and that’s what lawyers do.

Coquitlam Lawyers

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

Source: mediate.com, “A Transformative Parenting Mediation Model,” Wayne Plenert, Accessed on Sept. 1, 2017

Death of man paying child support leads to complex court case

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On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Sunday, August 13, 2017.

When a man who was shelling out money to support two families dies, some sticky problems can arise. The deceased, a citizen of Canada, was paying spousal and child support to his ex-wife. They had two children. However, he was also caring financially for his fiancee and their unborn child. When the married couple divorced, the man not only agreed to support payments but also to keep his former wife on his life insurance policy as the irrevocable beneficiary.

The man agreed to keep up his million dollar policy without an end date or a reduction. But when the couple separated, the man, who continued to live in Canada, became involved with a woman who lived in the United States. He developed cancer around the same time his girlfriend — who would become his fiancee — became pregnant with their son. The man died before his divorce became final.

The man had a will prepared before his death and in it — contrary to a court order — he wanted his estate, and life insurance shared between his wife, their two kids and his fiancee and her yet unborn baby. This resulted in a trial and two appeals. The man’s estate was insolvent, so the only asset was the life insurance policy.

Ultimately, the court of appeal decided that the man’s wife and their children were creditors but limited their rights. The court said they were creditors only in that proceeds of the policy were needed to satisfy the deceased man’s obligations for the child and spousal support. Any remaining amount would be considered as dependant’s relief for his fiancee and their son.

Sometimes family law issues can get complicated. It’s vitally important to sit down with a lawyer to discuss issues like child support in the event of filing a divorce or separation. A lawyer in Canada who is experienced in family law can answer any questions, provide guidance and offer ongoing support.

Divorce Lawyer Coquitlam

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

Source: financialpost.com, “Support payor’s death leads to complex court case involving estranged wife, fiancee and an unborn child,” Laurie H. Pawlitza, Accessed on Aug. 11, 2017

The family court can address child support evasion

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, December 21, 2016.

Many British Columbia parents remain committed to the best interests of their children. However, in some cases, a divorced parent may hold back on paying child support to punish a former spouse. Sadly, the children may be the ones who are impacted. Fortunately, the custodial parent can resort to the court if timely payments are not made.

Parents who want to avoid paying child support can be resourceful. The family court requires a non-custodial parent to provide a financial statement upon which the child support order is based. Some parents will do what they can to lower the amount of income recorded. Some quit their jobs or go back to school to avoid pay cheques of which a portion may have to be paid to the custodial parents.

A common tactic is to work for an employer who will pay unrecorded cash or other types of remuneration. However, the custodial parent may be able to expose such behaviour. The deceiving parent’s standard of living will likely be an indication of unreported income. The custodial parent may be able to use advertisements offering employment to show that jobs are available for non-custodial parents who claim to be unemployed.

Trying to gather evidence of a former spouse’s real income may be challenging for a custodial parent who may have to work long hours or multiple jobs to earn enough to take proper care of the children. Help and support are available from an experienced family law lawyer who can assess the struggling parent’s circumstances and help find evidence to prove to the court that the other parent is concealing income. The British Columbia family court may determine an imputed income on which it will base a court order for child support — regardless of the income shown on the financial statement.

Source: lukesplace.ca, “What the court do when a father evades child support?“, Accessed on Dec. 17, 2016

Coquitlam, British Columbia Lawyer

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

Child custody and relocation — how is it handled?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, November 9, 2016.

Working out parenting plans that suit both parents and their children after a divorce can be challenging. If one parent intends to relocate after the divorce, matters can be complicated. Spouses can become ex-spouses, but children can never become ex-children. Regardless of who has child custody, one parent relocating may not compromise parent-child relationships.

Under British Columbia Family Law, any parent who considers relocation must provide written notice 60 days in advance. This document must inform other guardians and people who have contact with the children according to a court order of the plans to relocate. This procedure is mandatory; even it is the non-custodial parent who wants to move.

The court may waive the need for the written notification in certain circumstances. If such information can give rise to abuse or violence or if there is no existing relationship between the children and the parent who will be separated from them, the court may make an exception. Also, if all parties agree, and parenting plans that ensure the preservation of parent-child relationships are in place, written notices may not be necessary.

However, a guardian or parent may file a motion in court to object such a move, and the court will consider various aspects to determine whether the relocation will still protect the best interests of the child. British Columbia parents who need legal advice or representation in a case of one parent wanting to relocate may benefit from consulting with an experienced family law lawyer. Regardless of whether guidance is needed by a parent with child custody who intends to move to a different location, or by a parent or guardian who wants to object to such a move, a skilled lawyer can advocate on behalf of the client.

Source: gov.bc.ca, “What happens if one parent wants to move?“, Accessed on Nov. 9, 2016

Coquitlam Law Firm

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

Child support can be court ordered or agreed upon by parents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, September 28, 2016.

Providing for your child is a priority for most parents. If you and your child’s other parent divorce, the parent who doesn’t have primary custody of the child might need to pay child support so that the child can have the financial support he or she needs. There are two ways that you can come up with a child support payment plan — working with your ex or having the court decide.

The primary concern when coming up with a child support agreement is that it is a fair agreement that puts the child’s needs first. What is considered fair can be impacted by how you come up with the plan. If you and your ex-work together, there is more room for negotiation about the amount of support that will be paid. If the court decides, the court must use the Divorce Act Section of the Federal Child Support Guidelines.

Coming up with your agreement about child support might be the way you choose to handle this aspect of child custody. If you do this, make sure that you get the support agreement in writing. Not only does this provide you with a document to turn to for clarification, but it also provides you with proof of the agreement if you have to turn to the court for enforcement.

It is possible to change a child support agreement once it is made. If you and your ex-came to the agreement, you can work together to draft a new agreement. If the court ordered the child support, you could turn to the court to modify the agreement. In either case, you should make sure that you understand how the law applies to your case.

Source: Department of Justice, “Child support agreements,” accessed Sep. 28, 2016

Coquitlam Lawyer

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