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Child poverty in Canada has child support connection

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A happy family currently going through a divorce case with our Laughlin and Company lawyers

On behalf of Laughlin & Company Lawyers & Attorneys Mediators posted in Child Support on Monday, August 28, 2017.

Single parents often have a tough time financially. The fact that child support payments are taken off social assistance cheques in Canada doesn’t make it any easier. Some single parents even find it difficult to pay rent, let alone to properly care for their children.

Child poverty is a problem in Canada, and British Columbia is no exception. In fact, B.C. takes first place in the nation with almost 18 percent of children in the province living below the poverty line. In a province that is known for being financially well off, lobbyists say parents should not have to pawn their children’s toys to get them shoes or to buy fresh produce. Single-parent families living on or below poverty levels should not have child support funds deducted from social assistance funds they receive — something most provinces do.

The British Columbia government lets those on social assistance keep some income over and above whatever the province gives them, but it will not extend the same regarding funds a person (usually a woman) gets from a parent who provides child support. So, earned income is exempt to a certain point but not if it comes to child support. Critics of the policy say this is nonsensical.

Yet, children have rights under Canada’s Charter of Rights and Freedoms. Some argue this policy violates those rights. Those who aren’t on social assistance and who have children get benefits from child support payments. Children whose parent are on assistance don’t reap those benefits.

British Columbia residents dealing with child support issues may do well consulting with a lawyer experienced in family law in Canada. A lawyer can provide invaluable guidance when it comes to legalities governing child support. A compassionate lawyer will do all he or she can to help with any problems.

Port Coquitlam Lawyers

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

Source: theglobeandmail.com, “Why has B.C. failed to address its child poverty problem?“, Gary Mason, Accessed on Aug. 25, 2017

Complete disclosure essential to high-asset divorce in B.C.

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, July 31, 2017.

Sometimes, even being high school sweethearts and launching a home-based business together is no guarantee against the eventuality of a divorce. Divorce is one of the most challenging transitions in life, carrying in its wake the dismantling of a simple, shared lifestyle. In a high-asset divorce, it can happen that the securing and management of finances have been taken for granted on the part of one spouse or even both.

When this is the case, it is crucial to ensure that a family law practitioner experienced in complete and thorough assets discovery is available to assist. Shared finances in high-asset divorce cases in which spouses have teamed together towards acquiring all the more beautiful things in life can be complicated. As couples in British Columbia and elsewhere may discover, when it comes to complete disclosure, it does not love that wears thin, but patience.

In a recent high-asset divorce case that fanned across the Canadian media, a billionaire blindsided all attempts towards complete disclosure of the couple’s monies and holdings, which apparently spanned continents. Offshore accounts, laddered profit-sharing, and reliable financial records made access fraught with difficulty. His long-time spouse was shocked that the man she had met and fallen in love with in high school adamantly refused to share any of their joint assets with her.

Her patience sorely tried, the Edmonton-born wife sought and received the assistance of a family law practitioner who swiftly proceeded to close the knowledge gaps in the family’s finances. The resourcefulness and quick action required to remedy a high-asset divorce in which one partner risks becoming disentitled are likely only available by securing legal counsel. While not all high-asset divorces feature such lurid details, this case serves as a cautionary tale to all British Columbia couples considering a good separation of highly valued, shared assets.

Source: National Post, “Exclusive: This man went to jail rather than pay his ex-wife $10 million in epic divorce battle“, Adrian Humphreys, July 21, 2017

Lawyers Coquitlam

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

Unable to pay child support? Modification can be sought

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Saturday, November 26, 2016.

While most British Columbia parents who have to pay child support want the best for their children, some may find it tough to keep up with the payments. The problem is often not a case of the inability to pay, but rather a negligence, such as forgetting to pay on time or spending the child support money on something else. However, falling behind with child support can quickly lead to significant amounts of debt, and the other parent may pursue legal action.

Arranging an automatic payment through a bank account and drafting a proper budget may remedy these issues. Maintaining careful records of all payments made is vital. There are various ways in which such records can be kept, and some online payment methods may include a program to keep these files. In the event of the other parent claiming non-payment or late payment, accurate records can provide the necessary proof.

Life sometimes has strange and unexpected turns, and an unanticipated surgical procedure, illness or job loss can make it impossible for a parent to pay child support. That parent may seek a child support modification through the court. By providing proof of the reason for the financial difficulties, the court may agree to modify the court order.

It may only be a temporary problem, and, although parents may be able to negotiate a more affordable amount until circumstances improve, they may want to avoid making verbal agreements. Utilizing the services of an experienced British Columbia family law lawyer to help draft a documented agreement may be more appropriate. A lawyer can then present such a request for modification of child support to the court, and with both parents already in agreement, the court may issue a modified court order without any delay.

Source: marriage.com, “Strategies for Paying Child Support“, Accessed on Nov. 25, 2016

Lawyers Coquitlam, British Columbia

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

How is division of property handled in common-law break-ups?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, November 2, 2016.

Residents of British Columbia who have been in common-law relationships for two years are regarded by law as the same as married couples. However, they may not be aware that it is not the case in other provinces. In fact, the laws related to cohabitating couples vary from province to province. In the case of such a relationship ending in British Columbia, the division of property will be handled according to the same laws as those covering a divorce.

In a common-law break-up in this province, assets acquired during the period of cohabitation will be divided equitably between the two parties. Assets owned by one party before the couple moved in together will remain that person’s property — unless the value of that asset was increased during the common-law relationship, in which case the growth amount will be divided. How will the property be divided if a couple who has lived together under British Columbia laws relocates to another province and then the partners decide to go their separate ways?

Even if domestic partners meet the requirements of their province to be recognized as common-law partners, this will have no impact on the division of property in the event of a break-up. In any other province, a partner must prove ownership of any assets he or she claims after the end of a relationship. This is required except when the couple signed a legal cohabitation or other agreement, which will determine how the property will be divided.

Common-law partners in British Columbia may benefit from each consulting with an experienced divorce lawyer who can explain the applicable laws and assist with the drafting of a cohabitation agreement, if necessary. This will provide protection of each party’s interests during the division of property in the event of a break-up. The court typically requires such an agreement to comply with applicable laws, and the legal counsel of each party must have been present during signing to prove neither party signed the agreement under duress.

Source: CBC News, “4 myths about common-law relationships“, Alexandra Kazia, Accessed on Oct. 29, 2016

Law Firms Coquitlam

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

Divorce mediation can be a good process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, October 21, 2016.

We recently discussed how important it is for people who are going through a mediated divorce to go into the process prepared. You can do this by thinking about what points of the settlement you can negotiate on as well as the points that you need to hold firm on. We can help you evaluate your assets and other points to determine a course of action.

While you are going through divorce mediation, the property division process isn’t the only one that you have to think about. You also have to consider matters such as spousal support and child custody. These matters can often be even more stressful than trying to divide property.

We know that you might have some questions about the decisions you will need to make during the divorce process. We can help you understand what Canadian law, as well as provincial law, says about the matters pertaining to your divorce.

As you go through the mediation process, you have to be willing to keep an open mind. There is a chance that you will be presented with an option for settling matters that you didn’t think about. By keeping an open mind, you might be able to settle things in a way that works for you but is slightly different from what you were thinking about.

We know that all of this is a lot to think about. At Laughlin & Company, we can help you sort through things in a manner that helps you to fully understand what options you have that are viable in your case.

Law Firms in Coquitlam

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

Your divorce settlement is the springboard to your future

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, September 7, 2016.

In our previous post, we discussed how watching pornography without your spouse can lead to divorce. That probably doesn’t come as a shock to some people, but it does bring up an important point. There are various reasons why marriages don’t last. No matter what the reason for your marriage is ending, you must take the steps necessary to protect your future. Your divorce settlement is the end of the marriage, but also the springboard to your future.

We know that the end of your marriage is likely to lead to some thoughts of uncertainty. There is no guarantee how the property you and your ex-amassed will be divided. If you have children, you might be worried about how they will handle the divorce. You might also wonder about child custody. Who will get the children when and who will pay child support are likely concerns.

Every point in your divorce settlement must be considered very carefully. When you are dividing property and trying to determine child custody solutions, you have to think about the options. You can’t let your heart rule during this time. We are here to help you look at the possible options and weigh how each one will affect you.

When it is time to try to negotiate the points of your divorce, mediation is one possible option. We can work with you to determine what points you will hold fast on and what points are up for negotiation. We try to help you think about your future and how the possible settlements might affect you now and then.

Lawyers Coquitlam

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