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Legal separations and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, August 4, 2016.

A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that a legal separation is not the same as “taking a break” or having an on-again-off-again relationship with someone.

Just like a court order for a divorce, a separation agreement must be followed or modified if need be through the proper legal channels. This is why it’s very important to understand exactly what you’re agreeing to and what you will need to do later on if there is an issue.

Because those who choose to go through a separation instead of a divorce are still legally married, there are many misconceptions about what can be done with finances. For instance, child support may still come into play even though the marriage is technically intact. This is because the parties will be maintaining separate households, which means more expenses. If child support would have been awarded in the event of a divorce, it is likely to also be a factor in the separation.

If you are interested in a legal separation but aren’t sure if it’s a viable option for your situation, it’s important to start off by talking to a lawyer about your rights, choices and expectations. This ensures that you understand the differences between the separation and a divorce, the issues unique to a separation and what you may need to do later on if you decide to completely terminate the marriage.

Family Lawyer Coquitlam

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

What if my ex doesn’t want to attend mediation?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, July 13, 2016.

Mediation can be an excellent way to expedite the divorce process and make it less stressful for everyone involved. Even after the divorce is finalized, mediation can help you and your ex-avoids the courts when you want to make changes to the custody or parenting schedule. However, mediation only works when both people attend, and if your ex-doesn’t want to, you may wonder if there’s anything you can do.

In many cases, the answer will be no. If your ex-doesn’t want to participate in mediation, your only option may be to go through a trial in the family courts. However, it may be worth talking to your ex and trying to explain how mediation may benefit them. It’s less costly and quicker than a full trial, for example.

If this doesn’t work, there is one situation in which a party may be compelled by the courts to participate in mediation: if you have started a case with the Supreme Court. In these circumstances, you can have your lawyer serve your ex with a Notice to Mediate.

As long as you serve the paperwork in the proper time frame, your ex will be compelled to comply unless there has already been an attempt at mediation, there is a protection order in play, the mediator doesn’t believe mediation will be helpful, or the court rules that your ex is exempt from participating.

If you think mediation may help you and your ex-resolve your differences, the first step is to talk to a family lawyer. After that, you will be better informed and prepared to move forward.

Source: Legal Services Society, “Mediation,” accessed July 13, 2016

Divorce Lawyer Coquitlam

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

How is pet custody determined?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, June 6, 2016.

While many couples going through a divorce disagree on matters of child custody and parenting time, a new type of custody case has been coming before the courts more and more: pet custody. If you or your soon-to-be ex-adopted pets during your relationship, it can be tough to decide who gets to keep which animals. However, it’s important to understand that the courts are very limited in what they can order when it comes to pet custody and visitation.

In most cases, pets are considered part of the marital property, which means the regular property division guidelines apply and they are not subject to things like custody and access. Like with other assets, the judge will be able to grant one party ownership of the pets and order that party to pay the other half of the pet’s value, but that’s all.

There have been some cases in the past, however, where a judge did give a specific order involving a pet custody case, so it is possible. It may be better, though, to try to work out an arrangement that is agreeable to both parties and then talk to a lawyer to see if it can be made part of the official divorce settlement.

As a last note, it’s important to understand that much of this only works in official property division settlements subject to a legal marriage and divorce. If you are not married to your partner or are unsure if the property division guidelines apply, it may be best to talk with a lawyer before moving forward.

Source: FindLaw, “Who gets custody of the family pet when a couple separates or divorces?,” Miriam Yosowich, accessed June 06, 2016

Real Estate Lawyer Coquitlam

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

Can criminal charges impact a family law case?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 24, 2016.

Those who have made some mistakes in the past often worry whether criminal convictions or even charges may be held against them in a custody case. The short answer to this question is maybe, but it really depends on the nature of the charges, what happened in the criminal courts and when the offenses occurred.

For example, convictions related to family violence, assault, or drug or alcohol-related offenses may impact your chances of being named a guardian by the British Columbia family courts. It’s important to note that the Family Law Act means that parents are not automatically considered guardians by the courts. This is most applicable to a situation where the parents were never married and the child has been living with one parent.

In these cases, the nonresidential parent will need to show that being named a guardian is in the best interests of the children. If the parent is a guardian, they will have parental rights and responsibilities. If not, they will usually be limited to “contact time” specified by the courts.

Your ex can and may bring up your criminal record or pasts arrests in an attempt to show that you should not be granted custody. However, this doesn’t mean that you are without options. If the convictions are not related to family violence or other violent offenses and there is no danger to the children in your care, you may have a good case to present to the courts. It’s important to talk with a lawyer and be completely open and honest about anything in your past that may come up.

Source: The Continuing Legal Education Society of British Columbia, “An Overview of the Intersect between the Family Law Act, Criminal Code and the Ministry of Children and Family Development,” accessed May 24, 2016

Lawyer Coquitlam

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

Does what I post on social media matter?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 14, 2016.

When you begin going through divorce proceedings — or just a custody battle in the case of unmarried parents — you begin questioning everything you do and day and wonder if and how it may affect your case. And rightly so. When you are involved in family court proceedings, everything is under scrutiny. With technology increasingly becoming a part of our daily lives, it’s easy to post something that could be used against you in court without even realizing.

The two main areas where a party’s social media posts can be problematic in the courts are when it comes to finances and child custody. Unfortunately, it’s quite common for people to try to lie about their incomes or attempt to hide assets. Maybe you know how much money your ex-makes a year, but he never told you about last year’s Christmas bonus. Social media posts that show a lifestyle inconsistent with the financial declaration in the case or that mention additional, unreported funds or assets can mean big problems.

Social media can also have a major effect on child custody cases. When you are involved in a custody battle, everything is fair game, from the pile of dirty dishes in your sink to who you went out on Friday night. Photos are especially easy for a lawyer to spin to their client’s best interests in a courtroom. When in doubt, don’t post it.

If you think you have posted on your social media accounts that could be used against you in court proceedings, it’s important, to be honest about it to your lawyer. Your legal team needs a full understanding of the situation to best represent you.

Source: The Huffington Post, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed April 14, 2016

Law Firms Coquitlam BC

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

High-asset divorce and property division

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, April 7, 2016.

While the basic process of divvying up the assets and debts is the same no matter how much the assets are worth, things do get more complicated when you start dealing with high-value assets. In some cases, you may not even be aware of all of the assets that qualify under the Family Law Act. This is one reason why it is so important to discuss your case with a lawyer in British Columbia who can help you understand how the property division process will take place and how to make sure there is full financial disclosure.

The first step is always for both parties to make a list of all of the assets. For most people, this includes bank accounts, real estate holdings and any automobiles. However, those going through a high-asset divorce may also need to consider things like investment accounts, antiques, and any businesses either party owns.

The next step is to discern the value of each of these assets. It’s important to understand that an asset is valued based on the date the couple separates or is no longer living together. This is important to keep the divorce proceedings moving along. If the property division had to be restarted every time a property value fluctuated with the real estate market, for instance, it would make coming to a settlement very difficult.

Once the total value of the couple’s property has been calculated, any debts are subtracted off this amount. The resulting figure is divided in two and this would be the amount each party would get. However, this still depends on several factors. Often, a settlement will include payments from one party to the other, called equalization payments, and a lawyer can provide more information on this.

Source: FindLaw, “Calculating family and equalization payments,” Casey Watson, accessed April 07, 2016

Divorce Lawyer Coquitlam

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

British Columbia ranked best for common law relationships

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, February 17, 2016.

While common law relationships are not recognized in every province in Canada, a recent news article covering those that do rank British Columbia as the most “common-law-friendly province.” This was mainly because of how quickly cohabitating couples are considered to be part of a common law relationship.

Under the province’s laws, once a couple has lived together for two years, they are considered to be in a common law relationship. This means that the parties have the same rights as married couples and are governed by the same debt and asset division guidelines in the event the relationships dissolves. However, many people in these relationships may not be aware of these rights.

In today’s society, it’s not unusual for dating couples to live together for a few years before deciding to marry. In these situations, the parties may not even be aware that they are technically in a common law relationship. This means that if/when the relationship ends, it’s easier for one person to end up with most of the assets or more than one’s fair share of the debts.

One of the most important things you can do to protect your rights and interests when a common law relationship or marriage is ending is to understand how the laws apply to your case. Talking with a lawyer about your situation as well as your wants, needs, and expectations can help you be better prepared as you go through the court process. Understanding the steps also helps you develop adequate expectations on how long the process is likely to take and what you may end up with at the end.

Source: The Canadian Press, “Common-law couples can be ‘woefully ignorant of their rights’: lawyer,” Melanie Patten, Feb. 11, 2016

Lawyer Coquitlam

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

January continues as divorce month

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, February 4, 2016.

In the family law field, January is known as Divorce Month because it is one where attorneys often see a sudden influx of people wanting to know more about the legal and financial ramifications of ending their marriages. While many of these divorces won’t actually be finalized until months later, it’s important to gather as much information as possible so you can be prepared should you make the decision to move forward.

One possible reason for this increase is the normal self-reflection and reevaluation of life goals that happens around the first of the year. Many people are taking stock of their lives, relationships, current obstacles and where they hope to be in the next five to 10 years. This thought process often leads people to reconsider whether they are truly happy and fulfilled in their marriages or if they are just going through the motions.

The beginning of the year is also the calm after the storm and stress of the holiday season, and many couples find themselves dealing with unmet expectations and frustrations from the months before. However, a divorce should never be an impulse decision. It’s important to really think through your situation and discuss the particulars with a family law attorney who can provide some legal guidance and outside perspective.

It’s important to be fully informed of the possible options and outcomes. If you do decide to move forward and file for divorce, your attorney can help you understand what paperwork you will need and what particular issues you may be facing, whether they be child custody, complex property division or alimony.

Source: Huffington Post Canada, “Divorce Month: Why Marriages End In January,” Nathalie Boutet, Jan. 22, 2016

Coquitlam BC Lawyer

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

Property division and the collaborative process

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, December 16, 2015.

One of the most challenging but more important aspects of a divorce, or separation in the case of a common-law relationship, is the property division process. During the course of your relationship, you and your ex probably acquired many different kinds of property, from everyday household items to bigger assets like vehicles and real estate, that must be divided equitably. While a standing marriage or cohabitation agreement can make this task more straightforward, there are still many couples who choose not to sign these contracts prior to the relationship.

While many separating couples end up having the Canadian family courts decide who will get what, others are able to come to an agreement between themselves and present it to the court. This is often done via mediation or arbitration and can be one way to retain more control over your divorce proceedings and end up with an agreement that works for both of you.

Even though both of these are collaborative processes, a lawyer can be an invaluable asset during this time. It’s crucial to have a lawyer read over and evaluate any divorce agreement before you submit it to the courts for review. Doing this can make sure you have gotten what the law entitles you to and can help you spot and deal with issues that could cause problems later on.

However, if you and your ex-are not able to come to an agreement outside of the courts, a lawyer can help you prepare for your case to go to trial. It’s important to be aware of the different court procedures and how long a divorce settlement can take.

Real Estate Lawyer Coquitlam

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

British Columbia ends clawback program

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, November 20, 2015.

In the past, single parents residing in British Columbia faced issues if they were both receiving child support payments and government assistance. That’s because officials were deducting the amount the parent was receiving in child support from what they would have received through government assistance. For instance, if a parent qualified for $125 a month in government assistance but was also getting $50 a month in child support, the government assistance would automatically be reduced to $75 a month.

Many claimed that this unfairly penalized low-income single parents, and it appears that the government finally agreed. The budget released on November 10 showed that the so-called “child support clawback” would be discontinued. Once the changes are implemented, single parents on assistance will get any child support payments made to them as well as the full amount of assistance they are entitled to through the government programs.

According to reports, the changes are set to positively affect over 3,000 families and around 5,400 children in the province. While critics are quick to point out that the changes are expected to cost the government an estimated $13 million a year, many supporters say it is stepping in the right direction.

Any time there is a change in government policy or procedure as it relates to child support or any other issue, it’s normal to be confused and want to be clear about how this will affect your situation. Talking with a lawyer can help you be better prepared to deal with any changes that may affect you and help you get more information so you can move forward with confidence.

Source: Global News, “B.C. ends child-support clawback for poor parents,” James Keller, accessed Nov. 20, 2015

Divorce Lawyer Coquitlam

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