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Child support in British Columbia: Funding a child’s free time

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On behalf of Laughlin & Company Lawyers, mediators posted Child Support on Monday, October 2, 2017.

Parents want to give their children what other kids have, and that could translate into going beyond their means to provide it. When a British Columbia couple separates and one partner is paying child support, he or she could find there is more to supporting kids than merely providing for the bare necessities. In fact, there is federal legislation in Canada that stipulates payments as they pertain to kids and “special and extraordinary expenses” highlighted in the Federal Child Support Guidelines.

The guidelines deem such expenses necessary because they are in the best interests of children and indicate that expenses should be reasonable according to the parents’ means and spending habits before the separation. Extraordinary expenses are more than can be reasonably handled regarding child support when looking at income. In this instance, courts usually split these types of expenses — little Johnny’s hockey enrollment, for instance — between the parents taking into consideration the income of both and how they spent their money for getting divorced or separated.

In most cases, these types of expenses will be in addition to regular child support payments. The court will look at these expenses bearing in mind what is in the best interests of the children. Courts tend to make objective decisions in these regards; however, some may be costly.

Child support issues in a divorce or separation situation are best ironed out with the help of a British Columbia lawyer seasoned in family law. When it comes to legislation regarding child support, a lawyer will be able to guide his or her client regarding any additions or changes to the law. He or she will also be able to answer any queries regarding legislative changes.

Source: Extraordinary child support expenses mean you could be paying for your children’s leisure time, “findlaw.ca,” Miriam Yosowich, Accessed on Sept. 30, 2017

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

Division of property can do with appropriate help

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Sunday, December 11, 2016.

Couples in British Columbia may not realize that the lasting effect of the trauma of a divorce can be lessened by taking proper care of themselves. Emotions and anxiety can be overwhelming during this time, and adequate rest, healthy eating, enough activity and both moral and legal support can ease the process. Along with issues related to child custody, the division of property can become contentious if not handled carefully.

It may be beneficial for a divorcing couple to work toward reaching agreements in negotiations to avoid stress over the high costs of litigation. Reportedly, most couples choose to jointly manage their finances by combining their incomes to pay both personal and household expenses. Upon divorce, they must separate their finances, and each spouse must evaluate his or her financial positions and assess any future needs.

However, most couples seem to work toward settlements through communication and compromise. Statistics show that about half of divorcing couples in British Columbia manage to avoid court proceedings — often even after one spouse started the process by going to court but then agreed to resolve issues. The percentage of couples who ultimately reach settlements through litigation is insignificant — only six in every 100 couples.

While some British Columbia couples choose to navigate their divorce proceedings on their own, many others have found that the support and guidance of a skilled divorce lawyer can be invaluable when it comes to the division of property.  Along with the legal advice that a seasoned lawyer can offer, he or she can prepare the client for what to expect. Such a professional can provide valuable input based on his or her years of experience to ensure a smooth transference into a new chapter of life.

Source: justiceeducation.ca, “Family Law Basics“, Accessed on Dec. 9, 2016

Lawyers in Coquitlam, British Columbia

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

Can I move my child whenever I want without consent?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, August 18, 2016.

Having a child custody agreement means that you have to abide by the points laid out in the agreement. This means that you can’t just make decisions for your child if they go against the agreement. One of the major life decisions that you might wonder about is whether you can pick up and move your child or not. The answer is that you can’t just decide to move your child one day and do it the next.

What does Canadian law say about moving a child?

In 1996, a decision was made by the Supreme Court of Canada that laid out a precedent for wanting to move a child. This decision was a landmark decision because, before it, a parent could merely relocate the child at any given point under the presumptive right of the custodial parent. After the decision was made in 1996, the best interest of the child has to be making a move. The court will no longer consider the best interests of the parent.

What can I do if I need to move my child?

In some cases, you can get the child’s other parent to agree to the move. This would allow you to make a move without any worry. If that isn’t possible, you will likely have to head to court. In British Columbia, you have to notify the non-custodial parent of the intended move. The other parent might object to the move, which would mean you go to court for the court to decide if the move is in the child’s best interest.

If you are considering a move or if you want to object to a move, you should make sure that you understand how to take the appropriate action legally. This can make the process a little more comfortable for you.

Source: FindLaw Canada, “Can custodial parents move their children?” Miriam Yosowich, accessed Aug. 18, 2016

Lawyers in Port Coquitlam

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