Create equality for ALL parents, by reviewing Child Support payment guidelines!

Create equality for ALL parents, by reviewing Child Support payment guidelines!

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JEFFERY AARTS started this petition to Alberta Provincial Government and

 "Children need financial support from their parents – and they have a legal right to it. When parents separate or divorce, they should try to agree on the amount of child support. If they ask a court to decide, the court will use guidelines to determine child support payments. Some child support guidelines fall under federal law, while others are under provincial or territorial law. The guidelines that apply depend on the family's situation" - Government of Canada Website

Child support should not be based on GROSS ANNUAL INCOME. Rather,  it NEEDS to be related to actual child care costs. The current system for child support makes it really difficult for the payor to have a fair quality of life while still maintaining the relationship with the children. The current system entitles one parent to believe that it is their right to receive child support, which is based solely on the payors income. This is an old fashioned approach and some changes need to be made to modernize Child Support. 


Did you know.....


1.  Child Support Table amounts are based on the cost of raising children that has no scientific basis. Tables containing child support amounts for each province and territory are generated using the Federal Child Support Guidelines formula. Each table sets out the amounts based on two elements: the income of the parent who will pay child support (called the paying parent) and the number of children involved.


2.  The Child Support Tables are not inline with how support should be calculated according to The Divorce Act. Canada’s Guidelines stray from The Divorce Act (as mentioned above) because they ignore the child-support recipient’s income, or because they ignore the child-support payor’s directly-paid child-related expenses.  (SOLE CUSTODY IS ASSUMED).  The Divorce Act does not permit Canada’s Guidelines to ignore either parent’s income or to ignore either parent’s child-related expenses.  Quebec is the only province that has incorporated such a mechanism and their table amounts are almost always lower than the Federal amounts (sometimes substantially).


3.  There is no obligation for the support recipient to prove they spend the money on the child(ren). 


4.  There is no financial obligation for the custodial parent to provide for their child(ren).  Support recipients have no financial obligation to support their children as their income plays no factor in how much money they receive. Basically, support recipients are allowed to move on with their lives but support payers have great difficulty doing so. It is not of any benefit for the support payor to work extra hours, take on a second job or move up in the business world as any extra income they make would go to the recipient (i.e., higher tax bracket = more $ to recipient).


5.  It is almost impossible to reduce child support amounts.  You have to get the right judge on the right day to have payments reduced. There are actually cases of support payors living well below the poverty level due to support obligations.  This is a clear violation of our Charter Rights. As a separated parent, and a support payor, you are obligated to pay support based on your income.The child support guidelines are discriminatory to separated parents in the following ways:

Paying child support is a Legal Obligation but every child should have the same equal opportunity as the next. Why are Child support payments based on the payor’s annual income and not related to child costs? It is a system that is designed to fail and has the potential to alienate one of the parents. 

Parents should automatically share custody of children equally unless there is proven reason that one parent is not fit to do so. The ultimate goal should be 50/50 parenting time and in long distance cases, the support payor should receive the children for all of summer vacation, spring break, extra long weekends and alternating weeks at Christmas. This should not be the sole financial obligation of the support payor either.  This should be a shared expense. We should be thinking of the best way to allow children to see both parents as equally as possible. This is not to be argued, or fought for with Lawyers or Court.

One parent should not automatically and immediately claim children as dependants. The higher income earner who is earning or working for their own child support and paying their spouse child support, should be entitled to claim their children as dependants. But the system does the opposite. This is now a CRA tax windfall which immediately takes more money from separated families, particularly from the higher income/harder working parent.

The current system alienates one parent when/if they refuse to pay an amount based on an arbitrary table amount. The amount set forth by the table is in no way a fair representation of child support costs. 

One of the objectives of the Guidelines or Table amounts was to establish a fair standard of support for children.  It was to ensure that the children would continue to benefit from the financial means of BOTH spouses after separation. How do the current guidelines ENSURE benefit from the financial means of BOTH spouses when the recipients income plays no role in how much support is paid?

Equality is required for all parents, both men and women. In the past, the system used to allow for child support deductions/claims prior to 1997. It has now swung violently the other way, and we are deemed unfit parents unless we follow the guidelines, to pay an amount based SOLELY on the support payers income. The financial responsibility of the support payor far outweighs the receivers financial obligations of the support recipient. In many cases, the paying spouse is so distraught, they are led down a path of desperation and suicide.

I am begging that we make this system better and fair for all parties; set the bar for expectations to work, properly account for real net money/income flowing into both homes (including child support and government subsidies). If changes are not made, one parent and the children will continue to suffer.

Due to these issues above, and others not listed here, the Federal Government must mandate a comprehensive study to fix the current guideline amounts.  By signing this petition you are saying that as a Canadian citizen you are demanding this injustice be recognized and rectified immediately.  In addition, the Federal Government should reimburse all support payers for overpayments of child support based on the 1997 table amounts since they have been implemented and unable to claim the payments on taxes.

 

 

 

 

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