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Developing a plan for co-parenting and child support
December 4, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, December 4, 2014.
When a couple's relationship ends, both parents will need to decide a number of issues including co-parenting, child custody and child support arrangements. Parents in British Columbia must adhere to the child support guidelines set forth by federal law. In most cases, the amount of child support is calculated based on the number of children and the parents' income.
After the divorce is finalized, child support and child-care related issues may continue to evolve. For example, parents' financial circumstances may change due to a reduction in hours or a layoff. Such changes may result in the need to have child support payments modified.
If parents experience ongoing issues, including changes in parents' visitation schedules, a parenting coordinator may be able to provide assistance. Parenting coordinators can help reduce conflicts between parents and minimize harm to children by providing a buffer between parents. In addition, a parenting coordinator can facilitate communication between parents and assist with finding workable solutions to co-parenting challenges.
Communication and planning are key to developing a fair and manageable divorce agreement, co-parenting plan and child support arrangement. Lawyers, along with mediators and parenting coordinators, can help with the process of negotiating a divorce agreement that considers the needs of all of the people involved. If both parties can come to an agreement, then the judge is likely to support the agreement and will grant the divorce. On the other hand, if the parents cannot agree, the judge may create an agreement based on standard formulas.
It can help to learn about how child support is calculated and how child custody is decided. To learn more about the subjects of family law, divorce, child support, child custody and co-parenting, please visit our webpage.
Source: Laughlin & Company , "Child Support", December 04, 2014
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What constitutes a special expense?
October 1, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, October 1, 2014.
British Columbians who are involved in a divorce with children may be interested to learn about an aspect of child support called 'special expenses." Special expenses are large, unexpected expenses, such as extraordinary medical costs or orthodontics, that may come up while caring for a child. Because these are not everyday expenses, parents will need to come up with an agreement about how to pay for special expenses that is separate from the agreement about regular child support payments.
Unless the parents come to their own agreement, tables in the Child Support Guidelines will normally be used to determine the amount of child support a payor will owe to the custodial parent. These amounts, however, do not cover all special expenses a child may need. In addition to the regular child support payment amount, the parents or a judge will need to decide what percentage of special expenses each parent will contribute towards when they arise.
In some cases, parents will decide to split the cost of special expenses evenly. The Child Support Guidelines recommends that parents instead split the cost of these expenses in a way that is proportional to each parent's income. Although parents likely will not know what special expenses a child will have, it may be important to reach an agreement about special expenses ahead of time.
Parents may find that a prearranged agreement about special expenses is useful to have in the event that a child requires tuition at a school that meets their developmental needs. Speaking with a lawyer may be a good way to determine what type of agreement about special expenses would most benefit the child. Because every child's special expenses are different, the information in this blog is not meant to be confused with legal advice.
Source: The People's Law School, "Child Support in BC", September 29, 2014
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Determining child support in British Columbia
September 12, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, September 12, 2014.
Child support is the financial support that a parent is obligated to provide to the other parent for a child. Individuals who have a parent-like relationship, such as a stepparent, may be obligated to provide this support whether or not a couple was married or of the same sex. Whether child support is paid and how much is to be paid can be determined by an agreement between parents or pursuant to an order from the court.
If child support is owed, the court will use child support guidelines to determine the amount that the paying parent is responsible for providing. In general, payments are decided based on the income of the parent paying support and how many children are being supported, though certain exceptions, such as the costs of daycare or special medical treatments, may alter the amount of support that someone is obligated to provide.
Once a child support order has been established, it can be modified. There are situations where it may be necessary to change the amount of support provided, either by altering an agreement already in place or through the courts. These modifications are commonly made pursuant to an increase or decrease in a parent's income or a change in the living situation of the child.
If someone is seeking child support or to have an existing child support order modified, the process can be complex and based on a variety of factors, including the income of the parent obligated to pay support and any special circumstances. A lawyer could assist someone with these legal issues by explaining the guidelines for determining child support and how the court uses the guidelines.
Source: The Canadian Bar Association, "Child Support ", September 11, 2014
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BC mother not required to relocate after appeal
August 20, 2014 /in Child Custody /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, August 20, 2014.
After a British Columbia Supreme Court ruled that an Okanagan mother would have custody of her child but be required to move to Chetwynd, she has now had the ruling reversed by the British Columbia Court of Appeal. She will no longer be required to change her living arrangements in order for the girl's father, who lives in Chetwynd, to have access to their daughter.
In the previous case, the British Columbia Supreme Court had decided that the father would have easier access to the child if the woman returned to Chetwynd, where she lived during the pair's brief marriage. The judge also noted that both parents would have higher earnings if they both worked there. The mother had an income of $69,000 as a math teacher when she lived in Chetwynd; however, her income decreased sharply to $40,000 when she moved to the Okanagan. The father works as a mine electrician and earns $95,000 a year.
The mother argued that the judge should not be able to order her to relocate after awarding her custody. The Court of Appeal agreed with her argument, saying that even though a court can prevent a parent from relocating with a child, it cannot require that an individual be "indentured" to a certain community. Additionally, the appellate court ruled that the father can still have parenting time with his two-year-old daughter for five consecutive nights because he has a 14-day rest period from work each month, but he will be responsible for paying for his travel to see his daughter and will not be allowed to remove her from the area to Chetwynd.
This case shows that even after a court ruling determining custody and child access, there may be hope for appealing the ruling to potentially obtain a less limiting result. A family law lawyer may help a parent in a situation like this to prepare an appeal and demonstrate that relocation could cause certain hardships for one or both parents.
Source: Times Colonist, "B.C. Court of Appeal overturns divorce ruling that forced mother to move ", Kim Pemberton, August 14, 2014
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Child support in British Columbia: How is it determined?
August 15, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, August 15, 2014.
When couples with children get a divorce, two important matters that they often have to settle are who will pay child support and what the monthly payment amount will be. Child support payments are meant to ensure that both parents of a child help cover the cost of the child's financial needs, including food, residence, health care and education.
In British Columbia, the amount of child support that the payor provides each month is based on the Federal Child Support Guidelines and federal tables. The tables make it easy for divorcing parents to see how much child support payments are likely to be based on how many children they have and their annual gross income.
For example, a paying parent with one child and an annual gross income of $50,000 could pay $458 per month. If the annual gross income is more than $50,000, the excess is multiplied by 0.96 percent and added to the $458. In the case of an annual gross income of $50,500, for instance, the payor may owe an additional $4.80 for a total monthly payment of $462.80.
However, judges may consider lowering child support orders in certain circumstances, such as when the payor is a step-parent, when the child lives with the paying parent 40 percent of the time, if the annual gross income of one parent is more than $150,000, or if the child is 19 or older and not a full-time student.
Another consideration that could change the amount is proof from the payor that the suggested child support payment would cause undue hardship. Judges could also consider a different child support order if one parent claims extraordinary or special expenses, such as private school, post-secondary education, tutoring, child care or health care.
The idea behind child support laws is to ensure that both parents of a child share in financially caring for their offspring as they would if they lived together. It is a child's right to receive child support, and a court is unlikely to support an agreement that one parent does not have to pay.
Source: Family Law in British Columbia, "Child support", August 14, 2014
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Protests shine a light on income assistance clawback issues
May 19, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Monday, May 19, 2014.
A group in British Columbia is attempting to combat a policy that takes back income assistance from some mothers. In New Westminster, they marched in protest against these policies, which they claim are damaging children's health. Mother's Day was the day when Acorn Canada chose to lead the protest march involving dozens and a Poverty Potluck meal in order to combat crown clawbacks from income assistance programs.
The clawbacks subtract from income or disability payments when the receiver also receives income from another source. For instance, one mother reportedly receives $300 in child support, which is then deducted from her $1,200 monthly income assistance. This, they argue, is preventing single mothers from providing proper nutrition for their children. Some, reports indicate, use the monthly Poverty Potluck meals as a necessary part of their children's nutrition. The stated purpose of the meals, however, is to shed light on the unhealthy food that children are forced to eat due to the clawbacks.
One crown representative said that, while he sympathizes with the difficulty felt by the single mothers, the assistance programs are meant to be a last resort. This means that single mothers are expected to seek income from any other source to offset government assistance. However, a representative from Acorn stressed that those who grow up without proper nutrition are more likely to develop various physical and emotional ailments. These include diabetes, food allergies and developmental issues.
While issues remain regarding income assistance, many single mothers are relying on child support payments to take care of everyday expenses for their children. A family law lawyer could help when an ex-spouse responsible for child support has delinquent payments or wishes to seek a child support modification.
Source: Global News, "Low-income activists protest government clawbacks to child support in B.C.", Darlene Heidemann, May 11, 2014
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Advocates call for change in BC child support policy
April 18, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, April 18, 2014.
Leading lawyers and advocates for single parents have joined the New Democratic Party in criticizing the British Columbia government's policy of reducing the income assistance and disability benefits of parents who receive child support. Under the current system, a dollar-for-dollar deduction is made from these benefits when the recipient receives child support from an ex-partner. The policy allowed the province to cut the amount of benefits paid out by $17 million in 2013.
Lawyers from the Community Legal Assistance Society and West Coast LEAF say that the practice places undue hardship on struggling families and impacts the lives of children. They point out that social assistance payments have not been raised since 2007 and that not all additional income is treated equally by the authorities. Families receiving assistance can earn up to $200 per month from employment without impacting their benefits. The exemption rises to $800 per month for individuals on disability assistance.
Christy Clark, the Premier of the province, takes a different view. She contends that the policy saves taxpayers money in a "difficult" financial climate. Clark added that assistance payments were designed to provide only what is necessary for families to make ends meet rather than a way to "top up" other sources of income. However, she did suggest that the social assistance rates may be raised in the future when financial constraints are not so severe.
Negotiating child support arrangements can be a frustrating and emotionally draining process for parents, and they may be revisited periodically as financial situations evolve. A lawyer with experience in family law may be able to help parents come to an amicable agreement that puts a priority on the best interests of the child. The lawyer could also assist parents who are not receiving agreed-upon child support payments from a former spouse.
Source: Times Colonist, "B.C.'s child-support clawback violates rights, lawyers say", Lindsay Kines, April 11, 2014
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Clawback provisions part of assistance cheques
April 3, 2014 /in Child Support /by Laughlin Law
On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, April 3, 2014.
According to Statistics Canada, approximately 49.8 per cent of British Columbia children who are below the poverty line live in a single-parent home. Many of these families must rely on an assistance cheque from the government. Although this assistance is very limited, under current laws, whatever amount of child support that the non-custodial parent pays is taken out of these cheques. Some advocates are opposed to this idea because they believe that the support should go to the children, rather than back to the government.
Some child and youth advocates believe that child support is intended to provide for the children's well-being rather than as income support for the parents, so clawing it back is tantamount to stealing from the children.
The support that individuals who receive assistance cheques is already extremely limited. For example, families with one child get about $955 a month in assistance, including $570 for housing. If there are six or more children in the household, the family gets just over $1,195, which includes $820 for rent. This is the maximum that any family can receive, and the rates have not been modified in the last seven years in spite of the increase in the cost of living.
In 2002, custodial parents could keep up to $100 a month in child support. Now, this money is clawed back. Advocates argue that the system creates a disincentive for individuals to pay their support obligations because they know the money is going to the state and not their children.
Additionally, the laws require custodial parents to assign their rights to the government to collect child support for their children. Then, they have to assign rights to enforcement, which can put parents in danger if they have fled abusive relationships. Last year alone, $18.4 million was clawed back from assistance cheques.
Individuals who are not receiving child support from a noncustodial parent or who are having difficulty paying because of tight funds could consult with a family law lawyer. Through this action, individuals may learn about their rights and options regarding support.
Source: The Vancouver Sun, "Daphne Bramham: Is clawing back child support good policy or just mean-spirited?", Daphne Bramham, March 31, 2014
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