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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-17-2019, 02:15 AM
otttawa_dad otttawa_dad is offline
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Default CS charter challenge

Has anybody done it or attempted it ?

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Old 10-17-2019, 08:55 AM
Kinso Kinso is offline
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In what way? The entire notion of child support? Enforcement? And what provision of the charter would it violate?
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Old 10-17-2019, 09:48 AM
rockscan rockscan is offline
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There is a great section of this forum called political issues where this has been discussed before.

There was also a really great supreme court case called DBS et al that also addressed child support.

If you are pissed about paying child support why on earth would you be ok with a case against the government that you would lose.
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Old 10-17-2019, 09:58 AM
HammerDad HammerDad is offline
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I believe the argument has been made in various cases and summarily dismissed.
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Old 10-17-2019, 04:29 PM
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Quote:
Originally Posted by rockscan View Post
There was also a really great supreme court case called DBS et al that also addressed child support.
Yes, that case was really, really "great". From that case:
Parents have an obligation to support their children in a manner commensurate with their income, and this obligation and the children’s concomitant right to support exist independently of any statute or court order.

Thus, so far the Supreme Court of Canada has:
1) Condoned pre-meditated murder (R. v. Ryan), and
2) Asserted that it has a right to convey rights on a group at the expense of another group in the absence of any statues to that effect (D.B.S.).
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Old 10-17-2019, 06:49 PM
calvinfive calvinfive is offline
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Section 9 of the child support guidelines is your friend. Just as is the CCB and Eligible Independent Credit.

But I am totally with you. I just don't give it much attention because I pay zero, nil, nada, ZIP. In fact, I think I'm going to buy myself something with that savings to celebrate.

Here is a good Breakthrough Study coming out of the University of California (California being where Joint custody started and the state whose lead we tend to follow here in Canada) that exposes the Child Support System in North America: https://www.youtube.com/watch?v=196XCAXfqrI
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