The objective of this website is to provide the Canadian public free information about the Canadian Child Support Guidelines (Guidelines), at a level of analysis that is far deeper than has been previously understood. The Guidelines are a regulation under the Divorce Act (Act) and were implemented in May of 1997.
The primary basis for this website is a multi-year, one-of-a-kind report (Report) that critically evaluates the Guidelines. The Report is focused on the situation where one parent has over 60% custody. There is also some legal research appended to this website by lawyers in Quebec as well as Ontario (which is representative of the rest of Canada). The legal work is not controversial and just highlights things that many outside the family law profession do not know.
The clear conclusion of the Report is that the Guidelines result in inordinately high amounts of child support being paid to custodial parents. This injustice arises because the Guidelines are based on numerous flawed assumptions. The Report also concludes the Guidelines are not in compliance with the legal requirement that the Guidelines equitably distribute the financial obligations of raising children between their parents.
Not only are divorcing parents affected by the Guidelines, but also unmarried parents that separate. Although the Guidelines were introduced at the federal level for married couples seeking a divorce, they apply almost everywhere in Canada; even if the parents were never married. The exception is Quebec, which has its own, more reasonable set of child support guidelines.
The Guidelines make the custodial parent (the CP, defined as over 60% in custody time) and their circle, winners over the non-custodial parent (NCP) and their circle. Although, statistically, more men are the NCP, and therefore the payor under the Guidelines, a woman is often on the losing end if she is part of or related to a family unit involving a NCP. On the other hand, a man is often a winner under the Guidelines if he is part of a new circle with a CP. So we do not consider this to be a battle of the sexes, even if some may jump to that conclusion.
Not only are divorcing parents affected by the Guidelines, but also unmarried parents that separate. Although the Guidelines were introduced at the federal level for married couples seeking a divorce, they apply almost everywhere in Canada; even if the parents were never married. The exception is Quebec, which has its own, more reasonable set of child support guidelines.
While it is impossible to precisely calculate the amount of child support overpayments mandated by the Guidelines, a rudimentary analysis suggests such overpayments are in the billions of dollars per year, with millions of people affected.
It is hoped this website will assist those oppressed by the Guidelines to fight against them. The disdain for and pillaging of the NCP reflected in the Guidelines, once they are truly understood at the level of analysis you will find at this website, amounts to indentured servitude.
There is a court challenge to the legality of the Guidelines that has been ongoing since 2013 (the Action). It has taken so long due to the Federal Department of Justice (DOJ) taking legal steps which have delayed a hearing on the merits. Also, due to a then unresolved quirk in the court system, it was unclear which court had the authority to hear the matter. A later issue was raised about the degree of involvement of the DOJ. Determining the proper court took a trip to the Supreme Court of Canada in 2015, and determining the status the DOJ should have as a respondent took a judgement of the Alberta Court of Appeal in 2018.
The Action is now at the point where a hearing is scheduled on the merits. A declaration is being sought from the Court of Queen’s Bench of Alberta that the Guidelines are ultra vires of the Act. The ultimate goal is for the federal government, faced with the existing Guidelines being declared void, to re-write them so they respect the intent of the Act. This would mean reflecting the real-world circumstances of parents and children, and making the Guidelines more in line with how the Quebec Guidelines work. It is also expected improved Guidelines will help reduce the family law case load in the justice system, since there is less motivation to fight against something you consider to be reasonable.
The hearing is scheduled for December 2 – 4, 2020 in Edmonton, Alberta.