Collaborative Law Does Not Gurantee On-Time Support Payments
Whatever a divorced couple’s feelings may be for each other, if they have children, they are still obligated to maintain the welfare of the kids. For the non-custodial parent, this may be limited to simple financial support, but once ordered by a British Columbia court, it is still an obligation. Even parents who arrived at a settlement arrangement using collaborative law may find problems arising in the future.
Canadian television personality Mary-Jo Eustace and her ex-husband, actor Dean McDermott, divorced in 2006. The two have a son together who is now 18 years old. According to Eustace, McDermott has repeatedly defaulted on his child support payments, prompting her to sue him for the amount he owes.
In her affidavit, Eustace states her ex has missed every monthly payment since and including July 1, 2016. She is seeking $6,000, interest, and legal fees. She further states McDermott had previously withheld payments for two years, after which the two negotiated a new settlement, on which he also defaulted. The document asserts that he owes $100,800 between Feb. 1, 2017, and July 1, 2020.
Should a paying parent find he or she is unduly burdened by the obligation to pay child support because of a change in finances, that parent can apply to have the amount modified. It is not acceptable, or legal, to simply stop making payments. Whether awarded through litigation, or arrived at through the process of collaborative law, the requirement to pay support is legally binding. Any parent who is having trouble with a delinquent co-parent in British Columbia may choose to discuss matters with a lawyer.
Source: etcanada.com, “Dean McDermott’s Ex-Wife Alleges He Owes Thousands In Unpaid Child Support“, Brent Furdyk, Feb. 21, 2017
Will a Collaborative Law Agreement Preclude Later Actions?
Some British Columbia couples that choose to end their marriage will separate, but not get divorced right away. In many cases, creating a separation agreement, often via collaborative law, is enough to satisfy both parties. The question some people may be asking, however, is whether the agreement could be challenged or upset at a later date, particularly if one party chooses to file for divorce.
A separation agreement, made in consultation with legal professionals, is a great way for two people to arrange life after marriage. Matters such as child support and asset division can be laid to rest by this type of document. This allows a couple to split, secure in the knowledge they have a binding agreement to refer to in case a dispute should arise.
However, should circumstances change dramatically, or if new evidence comes to light, one party can request to change the terms of the agreement. For instance, if one party has a substantial change in income, this could potentially impact the payment of support. Likewise could be true if previously hidden assets are suddenly revealed. Additionally, should a couple get a divorce, there may be a financial hit taken by one party, such as the loss of shared benefits or insurance. It is conceivable that person may attempt to gain compensation for the loss from his or her former spouse.
Collaborative law is an excellent process whereby two people who choose to end their marriage can work together one more time to make suitable arrangements for their new lives as individuals. Those who use this process often save time, money and experience less stress. For assistance with creating a workable, binding agreement, it is generally best to partner with a skilled British Columbia family law firm.
Source: moneysense.ca, “Would getting a divorce after separating mean my ex gets more money?“, Debbie Hartzman, March 8, 2017
Using Collaborative Law Techniques Might Save Money
A divorce in British Columbia is not unusual. In fact, around 40 percent of all marriages in this country end in divorce. However, the specifics of each divorce are unique, because no two marriages are exactly the same. That being the case, there is more than one way for a divorce to proceed. For those who can, using collaborative law instead of litigation might be a time and money saver.
Time spent in a courtroom can become expensive. Not everyone can avoid it, but those who can may find they have saved money and frustration. By working together, two spouses may be able to sort out issues like asset division more quickly and with a more satisfactory result than might come out of a judge’s ruling.
For those with medium to large amounts of assets, arguing over their value can also be a waste of time. Professional appraisers can do the job with accuracy, allowing the two parties to more easily go about dividing the assets. Taking time to learn which assets are marital and subject to division is also a time saver.
Often, prenuptial agreements are signed before getting married, especially by those with greater than average personal worth. Generally, the agreement will be adhered to, but it could still be challenged by either party. A judge could set the agreement aside if a couple’s financial situation has changed significantly for the better or worse since the marriage began.
Life won’t be the same after a divorce, but it doesn’t have to be unrecognizable. Using collaborative law techniques to settle issues might leave more money to divvy up, and leave each person with a more agreeable slice of the marital pie. A lawyer familiar with alternatives to litigated divorce in British Columbia can help a man or woman through the process.
Source: The Globe and Mail, “Note to wealthy people considering divorce: Stay out of court“, Danielle Boudreau, March 20, 2017
Taking Advantage of Collaborative Law May Have Helped Single Mom
A popular phrase holds that he (or she) who hesitates is lost. The opportunity to negotiate a family law settlement might also be lost if one doesn’t seize the moment at the right time. A single mom in British Columbia may never know if she missed her chance to try to win child support years ago through collaborative law, or other means, after a recent effort came up short.
Eight years ago, a husband and wife in Ontario welcomed a son into their lives, after three years of marriage. During 2012, the couple separated for undisclosed reasons, but the following year a DNA test revealed the child was not the husband’s own. During a divorce hearing in 2014, the mother admitted the boy was not his.
Despite the admission, the judge made plain that paternity was not necessarily a requirement for child support. However, the woman declined to seek support at that time. Later in the year, she and the boy moved to B.C. and severed ties with the man, who remained behind.
In Feb. 2016, the woman decided to file for child support in a British Columbia court. She based her claim on the fact her ex-husband had acted as the child’s father from the baby’s birth up until the divorce finalized. In most cases, this would be sufficient grounds to award support. However, because the man was acting under false pretenses, the judge ruled he was not obligated to pay support.
Had the woman taken the opportunity to pursue support back in 2014, things may have worked out differently. The answers to complex family law questions are not always clear, and it may be helpful to confer with a knowledgeable lawyer before making a decision. A lawyer with a family law firm can help with all issues pertaining to collaborative law and other options available to a person in a time of need.
Source: opposingviews.com, “Woman’s Ex-Husband Not Responsible For Child Support“, Simone Stover, March 14, 2017
Unmanageable Support Settlement Makes Case for Collaborative Law
Settling any aspect of a divorce in a British Columbia court adds an unwelcome degree of uncertainty. Once a judge has made a ruling, it can be very difficult to make any adjustments. One unfortunate father found this out after choosing to represent himself during a support hearing. Had there been an opportunity to try collaborative law, the outcome may have been better, but as it was, the final ruling drastically changed his life.
A man and woman divorced and went to court to settle the matters of child and spousal support in June 2012. The man worked as a flooring salesperson at a company of which he formerly owned half. In his ruling, the judge determined the man was performing the same functions as before, but deliberately chose to earn less money. As such, an imputed salary was the basis for the awards for child and spousal support.
The judge dismissed the man’s claim to a monthly salary of approximately $5,400, and awarded $4,000 in spousal support and $2,866 in child support each month. Since that ruling, the man has tried repeatedly to have that figure reduced in light of his changed financial situation. His ex-wife filed motions to dismiss his claims each time. In late Nov. 2016, a judge finally ruled in his favour and dismissed the woman’s motion. Unfortunately, the gentleman is $500,000 behind on payments, living with his new wife with his parents, and is at risk of losing his driver’s licence for nonpayment.
With or without representation, going to court is a difficult way to work out a divorce settlement. A better option may be to try collaborative law. By each working with their own lawyer, two parties can have a chance to discuss their needs and wants and work together toward a solution, rather than let an outside party dictate the outcome. An experienced British Columbia lawyer will work alongside a client to help ensure a positive ending.
Source: National Post, “Ontario father paying twice his after-tax monthly income to his ex-wife“, Christie Blatchford, April 4, 2017
Staving Off Financial Trouble through Collaborative Law
It is no secret that life after divorce is entirely different than it was before. Many people are not fully prepared for the challenges their new lives will bring, however. A recent study shows divorce can strain finances to the breaking point. For some men and women in British Columbia, collaborative law may hold some of the keys to a solution.
A survey conducted in Ontario asked insolvent men and women to name the major contributing factors to their financial troubles. One of the main causes cited was divorce. It was most prevalent among those aged 40 to 49; 20 percent of people in this age bracket called it a major contributor to their insolvency. Divorce is not typically the sole cause of a financial collapse, but it can bring down an already rickety fiscal structure.
In many marriages, both spouses contribute to the household income, but there’s only one set of bills to pay. After a divorce, each person has to pay his or her own bills on a single income. This can be a shocking reality for many. Exacerbating the situation may be the obligation to pay support, the additional burden of having custody of the children on a lower income and legal fees.
There may be ways for a divorcing couple to ease into single life on sound financial footing. Choosing a collaborative law divorce over going to court can greatly reduce legal fees. The former couple can also work together with their representatives to arrive at mutually agreeable numbers to include in the settlement. A skilled British Columbia lawyer may be able to help an individual take some of the financial sting out of divorce.
Source: globalnews.ca, “Heartbroken and bankrupt: Why divorce can destroy your finances“, Erica Alini National, April 17, 2017
Effective Co-Parenting can Being with a Collaborative Law Divorce
The dream for many men and women in British Columbia is to marry, raise children and live happily ever after with their family. For some, however, the dream does not last. A divorce may mean the end of the family unit as it was, but it doesn’t have to mean the end of good child-rearing or a positive family dynamic. By starting from a nonconfrontational position, perhaps through a collaborative law approach to the divorce, parents can build a new family based on cooperation, and placing the child’s needs first.
A family in the United States gained a measure of fame recently from a family photograph that went viral. The picture shows a little girl in her soccer uniform flanked by four adults. All five are wearing the same number, but the adults each have something extra on their shirts. Instead of a surname on the back, one shirt spells out “Mommy,” another says, “Daddy,” and the group is completed with, “Step Dad” and “Step Mom.”
After the parents of the girl separated, they made the conscious decision to work together to raise their daughter, despite no longer being together. They extended that decision to include their respective spouses, and the four are in regular contact, with the parents making life choices for their daughter together, and all four supporting her in every way they can. In an interview, the mom made it clear that they choose to respect everyone involved in their daughter’s life, believing it to be a reflection of who they are as parents.
While this type of blended family may not be for everyone, placing a child’s needs first after a divorce should be every parent’s goal. If one chooses a litigated divorce, it may be difficult to ever see the other parent in anything other than an adversarial light. A collaborative law divorce, on the other hand, gives two parents the chance to settle their differences cooperatively, but still in a legally binding fashion. An experienced lawyer who advocates alternative dispute resolution in British Columbia can help anyone who wants to explore this path.
Even Using Collaborative Law may not be Enough to Save the House
The real estate market in British Columbia inflated beyond anyone’s expectations recently, and home values are at historic highs. For some homeowners, it’s like a dream come true. For those men and women going through a divorce, however, it may not be such good news. Even in a non-confrontational divorce using collaborative law, it might not be possible to hang on to the marital home.
When two people divorce in BC, they split their assets evenly. This includes the value of the family home. In order for one person to keep the home, either that person must buy out the other person’s share, or the other person receives equal value in additional assets. If the home is worth far more than it once was, however, neither of these scenarios may be possible.
It might be impossible for either party to pay half the value of the home to the other party on a single income if the home has significantly increased in value. Additionally, there may not be enough value in the remaining assets to compensate the party who gives up the house. It may be that the only possible course of action is to sell the home and split the profit.
A divorce can be an emotionally difficult process to go through even in the best of circumstances. Giving up one’s home may be the last thing one wishes to do. Whether a couple chooses a collaborative law divorce or opts to follow a different path, a British Columbia family lawyer can help either party in a search for solutions to pressing problems.
Source: The Globe and Mail, “Realtors find a niche in clients who are getting divorced“, Rob Csernyik, May 5, 2017