Toronto, Canada, September 29, 2012 --(PR.com
)-- Two identical cases go before two different judges. One judge orders a $1,000 payment while the other judge orders a $2,000 payment. Which judge erred? You decide.
In the first case, dad earns $35,000 and mom earns $25,000. Tom is their only child. Dad spends $2,500 on Tom and mom spends $3,500 on Tom. The judge orders dad to pay $1,000 in child support. After the payment, dad would have spent $3,500 on Tom (the $2,500 he directly paid and the child support of $1,000) and mom would have spent $2,500 on Tom (the $3,500 she directly paid less the child support of $1,000). Therefore, Dad would have spent 10% of his income on Tom and mom would have spent 10% of her income on Tom.
In the second case, mom earns $35,000 and dad earns $25,000. Ana is their only child. Mom spends $2,500 on Ana and dad spends $3,500 on Ana. Projecting that dad would spend $4,000 on Ana if Ana never visited mom, the judge orders mom to pay half of that in child support. After the payment, mom would have spent $4,500 on Ana (the $2,500 she directly paid and the child support of $2,000) and dad would have spent $1,500 on Ana (the $3,500 he directly paid less the child support of $2,000). Therefore, mom would have spent 13% of her income on Ana while dad would have spent 6% of his income on Ana.
"If you agree with the child support of $1,000 and disagree with the child support of $2,000, then you do not support Canada’s Child-Support Guidelines in force since May 1st, 1997. The first case illustrates a court order on child support before May 1st, 1997. The second case illustrates a court order on child support since May 1st, 1997," says Lucien Khodeir.
A resident of the province of Ontario in Canada, Khodeir self-published two books critical of Canada’s Child-Support Guidelines: one in 2008 titled "Children with 2 homes" and one in 2009 titled "ultra vires"; then translated both books to French and launched a self-designed bilingual web site to promote the books; and "is probably one of the most knowledgeable people in Canada on [Canada’s] Guidelines," said Gene C. Colman, a reputable Family-Law attorney in Toronto, in the foreword of "Children with 2 homes."
Khodeir explains: "Canada’s Divorce Act lays out the blueprints for the construction of child-support guidelines in Canada. Two such constructions were attempted: one by the blueprints, Québec’s Guidelines; and one off the blueprints, Canada’s Guidelines. Canada’s Guidelines are off the blueprints because they ignore the child-support recipient’s income, or because they ignore the child-support payor’s directly-paid child-related expenses. The blueprints do not permit Canada’s Guidelines to ignore either parent’s income or to ignore either parent’s child-related expenses. When Canada’s Guidelines ignore the child-support payor’s child-related expenses, they discriminate against the payor; and when they ignore the child-support recipient’s income, they discriminate against the higher-income-earning parent. Either discrimination throws Canada’s Guidelines off the blueprints. Like any construction attempted off the blueprints, Canada’s Guidelines must be demolished and rebuilt by the blueprints. Québec’s Guidelines were constructed by the blueprints because they recognized the child-support recipient’s income and recognized the child-support payor’s directly-paid child-related expenses. A child support calculated according to Canada’s Guidelines is almost always greater than (and, at times, more than double) a child support calculated according to Québec’s Guidelines."
Khodeir estimates: "Canadians pay $200 million monthly in child support according to Canada’s Child-Support Guidelines of which $100 million is above what may reasonably be considered to be a fair amount. The unfair content of child support paid according to Canada’s Guidelines will reach $20 billion by the end of 2013."
If Khodeir’s estimates of the damages caused by Canada’s Guidelines are reasonable, then those damages may easily surpass damages from the largest lawsuit in Canada and classify Canada’s Guidelines as the longest-running most expensive scandal in the history of Canadian politics.
If the injustice of Canada’s Guidelines offends you, then email your indignation to the Prime Minister of Canada, the Right Honourable Stephen Harper, at email@example.com, and also to both of your elected representatives if you are a Canadian resident.
Khodeir released two ebooks in support of a 55-page letter which he emailed to the person who established Canada’s Guidelines to urge him to rectify their deficiencies. If you are interested in reading or referring someone to the letter, it is available online at childrenwith2homes.ca/plea.html.