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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 01-19-2007, 01:39 PM
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Default Spousal Support - Interesting Article

Men have become guarantors for choices made during the marriage: As more and more cases internalize Moge, Bracklow, and now Miglin (which I will discuss later), I regret to say that the courts have foisted upon men in general the responsibility to act as guarantors for reasonable life choices made by the couple years earlier. Do the courts ever consider the benefit to a spouse of having assumed the primary parental role? Do the courts ever consider the non-economic detriment to the husband and father who has assumed the ‘traditional’ role – working diligently throughout the marriage to provide financially for wife and children? What about the costs of re-establishing one’s own residence? What about the costs of exercising access to one’s kids? What about the expressed philosophy in the Divorce Act to encourage econTrends: What we can derive from Moge, Bracklow and the other cases discussed thus far are a number of very disturbing trends:

1. Poverty is the lot of women; the courts have to remedy that with little or no attention truly paid to the man’s ability to pay.

2. Women are economically disadvantaged by the roles assumed during marriage. It is the task of the court to undo that disadvantage upon separation and divorce.

3. Men shall be required to compensate women.

4. Even relatively short relationships can result in the imposition of a spousal support obligation.

5. The obligation to pay spousal support can arise by virtue of the marriage relationship itself (although there is some hint that the court really means that the obligation flows from the expectations that flow from the marriage relationship).

6. If the man can afford it and the woman needs it (in the most liberal interpretation of that word), then the man pays.

7. Courts shall not burden themselves with the issue of whether the woman is entitled to support. We are to assume entitlement. Simply, the judge shall answer the two-pronged question: How much? How long? If you are lucky, maybe we will temper the open-ended obligation with a review order at which time we will require you to compensate your ex-wife some more.

Education and reform are required: Do not count on the courts to change our current direction. Legislative reform is required. The public needs to be educated about the true costs of separation and divorce. We have to dispel the misinformation that permeates popular culture. We have to overcome the gender based and gender biased myths and stereotypes (that I have already spoken about to this group and published articles concerning this matter). We have a challenge before us. Are we up to this challenge or do we wish to simply sit around and complain about legal system?

http://www.canadalegal.com/gosite.asp?s=4695

More can be found on this interesting article at the above link. I'm just going to go and ponder this....and continue shaking my head at the injustice of Family Law in Canada.
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Old 01-19-2007, 02:08 PM
OB1 OB1 is offline
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Default Need major reform

It sounds like men don't need Lawyers. The law already dictates the final outcome.Your a man you pay..

Sad
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Old 01-19-2007, 08:46 PM
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Default awesome article!

I am glad to read this article, now, I am looking forward to going to the link, and reading more ...

thanks!
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Old 01-19-2007, 09:48 PM
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Decent Dad is an unknown quantity at this point
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The problem is, women make a career out of working the family law system. That IS their new job.

Yes, education and reform is the way. People are simply blown away that:

a) women still get spousal support in this day and age
b) and the high amount (on top of everything else) that is awarded

My ex demanding and received spousal support even though it was short term marriage, she was young and fully cable of working, had two degrees and was already in a career. It was easier for her to quit and get handed huge rewards from the court, than to actually take care of herself. Yet, the judges simply let it happen.

Oh... the cherry on the cake... I paid for one of those degrees. Thanks for nothing.

BTW, I'm talking "this day and age". Certainly someone like my mom who was married at 17 for 50 years really needs support... and I support that! But come on. With 2-4 year marriages of two career people and you get dinged for life-long spousal support? At 500-1000 per month. Until YOU prove it must end. Even when they REMARRY!

The inmates are keeping track of the asylum.
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Old 01-22-2007, 12:04 PM
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Default so, what do we do??

people are floored when we tell them that my partner's ex receives complete financial support from him (us)

I have had people say to me "there is no alimony in Canada" - um, even worse, there is something called "Spousal Support" a lovely, generic term, that basically means "Men, you are going to be hung out to dry, and women, dust off the couch, cause you never have to go out to work again."

It literally makes me sick to my stomach to see the amount of money that flows to women in these situtations ... what about maintaining 2 homes for the child - should dad spend time with his kids in a dumpster or a homeless shelter??? Why doesn't our legal system see this? Why is it so bad?

I am drafting a letter to my MP, and asking my family and friends to do the same thing - I encourage each of you to do the same thing.
Tell your story, ask what they are going to do in parliment to change this abyssmal situation.
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Old 01-22-2007, 04:10 PM
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I strongly beleive that there is almost no one against divorce reform (you can guess who the lone dissenter will be). Second families are royally screwed by the system. And second wives, second mothers, etc, become instant second class citizens. The divorced father is like a plague vicitm. Oh, and since Dad is now re-married, lets funnel more money to the first wife - all at the new familes expense (don't worry little johnny... we can't buy you boots today since $3000 just went out the window and we need to eat).

No wonder the failure rate of second marriages is so high... who can handle the stress and BS.

I think I posted this elsewhere about who would want reform:

- fathers
- second mothers
- second wives
- grandparents
- children
- paying mothers
- NCP mothers
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