The Windsor Star

Ruling may add to family conflict SCOC child support decision likely to increase animosity between divorced parents

Windsor Star, by Trevor Wilhelm, Tuesday, August 01, 2006

A Supreme Court ruling that people should boost child support cheques when their income increases could put many divorced and separated Windsor parents on the hook for hefty retroactive payments.

Maureen Geddes, a divorced mother of two and co-president of the Canadian Equal Parenting Council, said the ruling -- meant to benefit children -- could actually hurt them by increasing animosity between their parents.

"I'm always concerned about retroactive rulings opening up old wounds," said Geddes, a Chatham mother who shares custody with the fathers of her two children. "In the vast majority of cases, to go retroactively backward creates Read More ..oblems than it may create in benefits."

Canada's top court ruled unanimously Monday that, as a general rule, people who don't increase child support payments to keep pace with rising incomes aren't fulfilling their legal obligations.

If they don't pay when their income rises, the courts will take their non-disclosure into account, along with other factors, when deciding if parents should make retroactive payments.

The issue arose when four Alberta fathers challenged the retroactive awards made against them. The Supreme Court ordered two of them to pay up, and absolved the other two based on their circumstances.

Geddes said an estimated 700,000 families across Canada will be affected. The rates of divorce and separation in this area are at or higher than the national average, she said, so the ruling will have a big effect here.

Windsor family lawyer Allan Dare Pearce said many cases in Windsor, including one of his own, had been on hold until the Supreme Court made its decision.

"There have always been problems with the different jurisdictions," said Pearce. "I'm glad there will be some conformity across the country."

But when you're dealing with such highly charged issues as divorce, child custody and support payments, he said it's impossible to make everyone happy.

"Either way they do it, someone will feel it's not fair," he said. "It's bound to appear inequitable no matter what they do."

In the interest of fairness, said Pearce, it's important to give the payer parents -- usually fathers -- notice you're going after them for increased support, and do it as soon as possible, before the numbers start to add up.

"Arrears can be so much that some fathers can't afford to pay it," said Pearce.

Windsor Family Forum CEO Bob McGuire agreed with Geddes that retroactive payments will create animosity.

"I don't know how it would create peace anywhere," he said. "When we have leaders and laws undermining the cohesiveness of families and actually fuelling conflict, that's irresponsible. To have a contract and just be able to change it is insanity. It is vital to children that both parents get along and are there to support them. It makes for a healthier child. There are things the system does that promotes adversarial relationships."

WINDSOR, BY THE NUMBERS

Divorced: 13,315 - 5,615 men and 7,705 women

Separated: 5,170 - 2,215 men and 2,955 women

Widowed: 12,450 - 2,115 men and 10,330 women

Single: 55,665 - 30,385 men and 25,275 women

Married: 82,155 - 41,105 men and 41,050 women

Total population 15-years-old and over: 168,755

--Source: 2001 census (numbers are rounded off)

Ran with fact box "Windsor, by the Numbers" which has been appended to the story.

The Windsor Star 2006