An outrageous decision...
The government is going to have to step in and legislate changes to divorce, custody, child support and alimony.
Canada's Supreme Court has ruled ex-spouses could face hefty retroactive child support payments if they fail to declare increased earnings -- a decision that could affect thousands of divorced and separated couples across the country.Right now, the courts are just stacked against men....this just makes it worse....it continues the trend to turn fathers into walking wallets.
The ruling was unanimous: 7-0. The top court decided that ex-spouses -- the fathers in most cases -- who pay support have an obligation to report increases in income which could therefore boost their court-ordered payments.
The court also ruled that former spouses should be hit with retroactive penalties if they fail to inform their ex-partner about any changes to their income.
posted by GayandRight @ 1:36 PM
5 Comments:
Isn't the chief justice on record saying that the Supreme Court of Canada is NOT an activistic organization?
Remember how the Liberals under Paul Martin attacked Harper's Tories, saying how the Conservatives are overly critical of Canada's judiciary?
I am a woman that gets child support from her ex-husband. I will not be demanding extra child care payments even though I know my ex is much wealthier now than at the time of our divorce. I honestly don't think I'm entitled to child care support payments based on any figure other than the income he was making when we were together.
Why should I have a right to monies he has made in the years since?!
kariba, this really isn't about you so much as it's about your kid(s). if daddy is making the big bucks, they should have access to that income until they can earn their own. that's not so shocking is it? you would expect children in a nondivorced family to benefit from increases in the family fortunes. why should the kids from broken homes be treated any differently.
This morning a interview on the Radio had a lawyer explain that is was a 4-3 split in the intent of the Charter ,but all 7 agree on the final benefit to children and argeed they saw what the Charter meant and not what it says.
I'm no fool, these Judges conspire in private to do what's safe or appears as balanced and follows the will of the people .
A 4-3 split tells me that 6 Judges are all correct until the 7th Judge takes sides to show that the other 3 are wrong in their understanding of Human Rights and Justice.
Split vote are the coward's way out , and 7-0 on serious issues shows no free thought and how they are all selected for their predisposed "Bias" for Liberal Doctrine.
With all other factors being equal, gender is the single most important factor in determining custody in Canada, in spite of the Charter of Rights and Freedoms set 25 years ago. This ruling perpetuates and preserves the patriarchal flow of monies from men to women in a way that is highly innapropriate, given the lack of child support paying mothers. Access is an issue that affects fathers more than mothers, and there still is no non-litigious way of resolving an access issue apart from the court, even if it is "malitious mother's syndrome" or "parental alienation sysndrome" at the root of the access denial.
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