Professional Documents
Culture Documents
by Adam Calvert
100777259
Section: 1
Dr. M. A. Murphy
North Campus
3 December 1996
Child Support
As I interviewed a lone parent family, for our first assingment, I found that her
son had an overwhelming need for child support monies. Throughout the interview with
this lone parent I found the resounding need she had for some kind of financial stability,
that I felt, could very well come from child support of some kind. This need for extra
monies cropt up in many ways through out the interview and as I researched the subject I
found that this lone parent’s need for monies, to raise her son in an unimpoverished
fashion, is not alone. I found that child support has many facets attached to it. In fact in
Canada where there is “supposed equality, lawyers and courts often unrealistically expect
homemaking wives and mothers with young children to become financially self
sufficient (Department of Justice; 1990: 75).” Glossop explains that the growing number
longer taking financial responsibility of the family once custody is granted to the other
partner. Lone parents who have custody of the children and an ex-partner have many
difficult rivers to cross to try to get child support in Canada. Glossop explains the first is
once a divorce takes place it is a predominate view held by divorced fathers that a
divorce “dissolves their familial responsibilities”; hence “fathers” must come to the
understanding that this is not so (Statistics, Social 8). With the high rates of divorce there
is an exacting cost on society for monies and in kind goods needed to release some of the
financial costs that the divorced family ensues, such as, a higher cost of maintaining two
house holds. Glossop feels that perhaps the married should take some of the financial
responsibilities of divorce, for instance, child support. Others feel that their should be a
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program for those that did not recieve child support but in every way were entitled to it.
There are approximately 80% of women that do not receive adequate suppot “less then
Families 23).
In Canada spousal and child support payments are often lumped together. In
Canada a swell of “spousal support is granted for a fixed term” this is to ‘help’ the
recipient get on their feet more speedily. Baker explains that child support in Canada has
been up to the discretionary powers of the judicial system. There is no aid for those who
are unable to pay because of lack of money thus the custodial parent goes with out in
those cases. Canada’s closest attempt at aid for the children is the Child Tax Credit which
is very limited to say the least. For those 20% that do receive child support the “Supreme
Court of Canada” has taken a step backward in the eyes of many and has declared what
little support that is received as child support will again be taxed as of May 1995 (Baker,
Canadian 311).
Over all of the key issues that affect our lives there seems to be a large web
connecting them together. For example poverty is connected with the lack of child
support received. Those that are not receiving it are many times those who are in the
In Canada for the last fifty years our child support system has not always been
adequate in meeting the needs of children. Why is the government introducing new rules
for
child support?
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Above all, the new child support rules are about the rights of children.
Children have the right to be financially supported by both parents after separation or
divorce. Too often, however, our current child support provisions fail in this objective --
producing awards that are varied and unpredictable, sometimes inadequate, and often
unpaid.
Recognizing the need for fundamental change, the federal government is taking action in
four
key areas. These measures, proposed in the recent federal budget, will take effect after
the
First, child support paid under orders or agreements that are made or varied after
April 30, 1997 will no longer be taxed as income to the recipient, or deducted from
Second, Federal Child Support Guidelines will be introduced to establish fair and
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Fourth, there will be a two-stage doubling of the Working Income Supplement of the
Again, the fundamental objective of these measures is to protect the rights of children to
fair
support?
The Income Tax Act currently requires parents receiving child support to include the
support payments in their taxable income, and provides a tax deduction to child support
payers for the payments they make. The Task Group on the Taxation of Child Support
and
the Federal/Provincial/Territorial Family Law Committee have found that these rules
make it
In keeping with the recommendations of these groups, new child support awards will no
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Do the new tax rules affect existing support orders?
The new tax rules do not apply to orders made before May 1, 1997 unless:
a) a court order or agreement made on or after May 1, 1997 changes the amount of
b) the court order or agreement specifically provides that the new tax rules will apply
to payments made after a specified date (which cannot be earlier than April 30,
1997); or
c) the payer and the recipient both sign and file a form with Revenue Canada stating
that the new tax rules will apply to payments made after a specified date (which
cannot be earlier than April 30, 1997). For this purpose, Revenue Canada will
provide a form which will be available later this year at all tax services offices.
The new tax rules will apply to all new orders or agreements made on or after May 1,
1997.
Reforming the tax rules for support payments is just part of what is needed for a better
child
support system. It is also essential that the awards themselves be set at levels which are
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appropriate -- and which take the new tax rules into account.
This is why the government is introducing new Child Support Guidelines to the Divorce
Act
-- guidelines that provide fair and consistent support awards, with enough flexibility to
deal
equitably with special situations. They will assure that the child's standard of living
continues
The Guidelines will work in tandem with the new tax rules to ensure that children receive
the
support they deserve. Together, they will make the determination of support simpler,
faster
i) Child support payment schedules which set out the basic amount of support
The child support payment schedules set out the basic amount of support that a
support-paying parent should pay according to his or her income and the number of
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children. The amount, calculated as a percentage of the support-paying parent's income,
is
based on average spending on children at different income levels, adjusted for the impact
of
Once the Guidelines are in force, courts will be required to award the amount set out in
the
schedules in most cases. In special situations, the award can be adjusted, as noted below.
ii) Rules for increasing schedule amounts if there are special expenses
The amounts set out in the schedules are based on average expenditures. However, the
award can be increased if there are special expenses for child care, health care, education,
or special extracurricular activities -- provided that the court finds that these expenses are
reasonable and necessary given the needs of the children and the means of the parents.
As a further means of ensuring flexibility and fairness, the award can be increased or
decreased if there would otherwise be "undue hardship" to either parent or to the child.
For
instance, the support-paying parent may have significant access costs, or support other
children.
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What about cases of split or shared custody?
The Guidelines provide a method to adjust the amount of support in cases of split or
shared
custody.
support orders?
The new Guidelines will apply to court orders for child support made under the Divorce
Act and when an existing order for child support is changed after the date the Guidelines
This means that the new Guidelines -- like the new tax rules -- will not automatically
affect
the operation of existing child support orders. If neither parent seeks a change to an
existing
support order, then the order continues in force, unaffected by either the Guidelines or
the
tax change. However, either parent will be able to apply to court to have their child
support
award varied to reflect the Guidelines and the new tax rules.
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Will the Guidelines apply to awards negotiated
out-of-court?
The Guidelines will not be mandatory in the case of support awards that are negotiated
out-of-court. However, they will provide significant guidance to the parties and their
advisors.
Children will only benefit from fairer child support awards if they are paid in full and on
time.
supports
payments.
The federal government will strengthen enforcement procedures through measures that
include:
default;
the addition of Revenue Canada to the list of federal departments whose data banks
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may be searched, at the request of provincial enforcement agencies, to locate
defaulters;
Yes, the federal government will fund a national awareness campaign to help combat
chronic default and the unacceptable attitude that child support can be treated as a
be increased?
Yes, over the next two years, the federal government will double the Working Income
Supplement (WIS) of the Child Tax Benefit -- from the current maximum of $500 per
Contact:
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1-800-465-7735 (TDD)
4. (1) The principal object of this Act is to ensure that children receive a
proper level of financial support from their parents.
(c) that persons who provide ongoing daily care for children should be
able to have the level of financial support to be provided for the
children readily determined without the need to resort to court
proceedings; and
(d) that children share in changes in the standard of living of both their
parents, whether or not they are living with both or either of them.
(3) It is the intention of the Parliament that this Act should be construed,
to the greatest extent consistent with the attainment of its objects:
(a) a court having jurisdiction for the recovery of debts up to the amount
of the child support; or
*6* The Child Support (Assessment) Act 1989 was amended by the Family Law
Reform (Consequential Amendments) Act 1995, subsection 2 (2) of which provides
as follows:
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commence on the commencement of section 31 of the Family Law Reform Act 1995.
As at 14 March 1996 the amendments are not incorporated in this reprint. They
are set out below under the heading "EXTRACT FROM FAMILY LAW REFORM
(CONSEQUENTIAL AMENDMENTS) ACT 1995".
CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 5
Interpretation - definitions
"additional family payment" has the same meaning as in the Social Security
Act 1991;
"child support" means financial support under this Act, including financial
support under this Act by way of lump sum payment or by way of transfer or
settlement of property;
"child support percentage" has the meaning given by section 37 (as modified in
relation to certain cases by paragraphs 48 (e) and 54 (b) and (c));
"child support terminating event" has the meaning given by section 12;
(a) the period starting on the commencing day and ending on the next 30
June; or
"court exercising jurisdiction under this Act" does not include a court
exercising jurisdiction in proceedings under paragraph 79 (a);
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"court having jurisdiction under this Act" does not include a court that has
jurisdiction under this Act only in relation to the recovery of amounts of
child support;
"custodian entitled to child support" has the meaning given by section 31 or,
in relation to a case in which the liability to pay the child support
concerned arose because of the acceptance by the Registrar of a child support
agreement, section 93;
"eligible child" has the meaning given by Part 3 (Children who may be covered
by Act);
(a) a person who is the sole or principal provider of ongoing daily care
for the child; or
(c) a person who shares ongoing daily care of the child substantially
equally with another person; or
"Family Law Act 1975" includes the regulations and Rules of Court made under
that Act;
"income tested pension, allowance or benefit" has the same meaning as in the
Family Law Act 1975;
"liable parent" has the meaning given by section 31 or, in relation to a case
in which the liability to pay the child support concerned arose because of the
acceptance by the Registrar of a child support agreement, section 93;
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"married person" means:
(a) a person who is legally married to another person and is not living
separately and apart from the other person on a permanent basis; or
(b) a person who is living with another person of the opposite sex as the
spouse of the other person on a genuine domestic basis although not
legally married to the other person;
"parent" means:
(a) when used in relation to a child who has been adopted - an adoptive
parent of the child; and
(b) when used in relation to a child born because of the carrying out of
an artificial conception procedure - a person who is a parent of the
child under section 60B of the Family Law Act 1975;
"relevant AWE amount", in relation to a child support year, means the estimate
of the full-time adult average weekly total earnings for persons in Australia
for the latest period for which such an estimate was published by the
Australian Statistician before 1 January immediately before the child
support year; Example: For the child support year 1989-90, the latest period
for which such an estimate was published by the Australian Statistician before
1 January 1989 was the pay week ending on or before 19 August 1988. The
estimate for that period was $502.40. The relevant AWE amount for the
child support year 1989-90 is, therefore, $502.40.
(i) is the sole or principal provider of ongoing daily care for the
child; or
(a) whose spouse within the meaning of that Act was in receipt of a
prescribed pension within the meaning of that Act; and
(b) who did not have a dependent child within the meaning of that Act; and
(c) who was not permanently blind within the meaning of that Act; and
(d) to whom section 36 of that Act did not apply; Example: The maximum
rate of that pension on 1 January 1989 was $5,384.60 per annum. The
relevant married rate of Social Security pension for the 1989-90
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child support year is, therefore, $5,384.60 per annum.
(a) who did not have a dependent child within the meaning of that Act; and
(b) who was not permanently blind within the meaning of that Act; and
(c) to whom section 36 of that Act did not apply; Example: The maximum
rate of that pension on 1 January 1989 was $6,461 per annum. The
relevant single rate of Social Security pension for the 1989-90
child support year is, therefore, $6,461 per annum.
"Rules of Court" means Rules of Court made under the Family Law Act 1975;
"shared ongoing daily care" has the meaning given by subsections 8 (1) and
(2);
"sole parent pension" has the same meaning as in the Social Security Act 1991;
"special needs sole parent pension" has the same meaning as in the Social
Security Act 1991;
"unmarried person" means a person who is not a married person (as defined in
this section);
*6* The Child Support (Assessment) Act 1989 was amended by the Family Law
Reform (Consequential Amendments) Act 1995, subsection 2 (2) of which provides
as follows:
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Sweden's Child Suport System
I believe Swedish policy is in many ways well formed. More than 80 percent of all separated parents in
Sweden have joint custody of their children. When married parents are separating, joint custody is
automatic. When parents have joint custody, the courts are not allowed to become involved in the details
of family management, such as the creation of child support orders and enforcement. Of the remaining 20
percent, the government becomes involved only to the extent requested by the parents.
The Swedes do not have a special computerized registry for parents who pay and receive child support.
They do not have a large child support police force. All Swedish residents are included in a national
registry which they use for a great variety of purposes. It is important to note that when child support is
collected through their government program, the same mechanisms are put into use that would be applied
to other citizens in other circumstances. It is a basic principle of fairness that everyone in their society is
treated in the same way.
Their child support formula and collection apparatus are applied only in a very small percentage
of cases. I want to stress that they have not created a huge separate bureaucracy for doing this. When they
are aggressive in the act of collection, the outcome is most often a negotiated settlement in which the
current circumstances of the paying parent are taken into account. They do not as we do in Canada or
even as Australia, force compliance with arbitrary orders, and they do not act without accounting for the
change in circumstances that led to an inability to pay. The Swedish system relies more heavily on
personal responsibility than does the Canadian or Australian systems. The Swedes have a great sense of
personal
responsibility. Certainly, we can't expect pride in the idea of being personally responsible to survive
when it is bent to mean capitulation to government control over one's personal life. I feel that we must try
to change our social mind set and become more like the Swedes to have real success come through our
social programs
I do not feel that the reporting of child support obligations to employers, universal wage
withholding, revoking occupational, professional, and business licenses carry with them social peace that
many are striving for. They do seem rather draconian steps and perhaps one day we will find a better path
for social justice to take.
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References
2. Bartfield, Judi and Meyer, Daniel R. (1994). Are there really deadbeat dads? the
3. Beilharz, Peter.(1996). Australian labourism, social democracy, and social justice into
4. Burman, Patrick. (1996). Poverty’s bonds: Power and agency in the social relations of
http://www.aifs.org.au.
8. Hantrais, Linda and Letablier, Marie-Therese. (1996). Families and family policy in
10. Valocchi, Steve. (1992). The orgins of swedish welfare state: a class analysis of the
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