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Jan.2, 2005 - Jan.9, 2005 |
The richer they are the stingier they get
Federal government imposes strict child support guidelines for wealthy fathers
By Irene Zerbini
Originally Published: 2002-04-07
Hosts of lawyers make a living out of litigation on alimony. Suits lasting for years are fought around the so-called 'child support' issue, exacerbating people and cluttering courts.
The Italian-Canadian community, until some years ago relatively immune to the spread of divorce, has now reached the Canadian 'mainstream' in regards to the percentage of marriages that end up in separation and breakdowns. In Canada, there are 1.5 million divorcees and 14 million married people. Divorce is not a taboo any more, and Italian-Canadians took notice and conformed.
"Ninety-five percent of the couples deciding to underwrite a pre-nuptial agreement are made up of Italians," explains Lorraine Bortolussi, family lawyer and owner of a legal studio that's been dealing with family litigations for the past 18 years.
According to Bortolussi, "those undertaking a serious relationship must first agree with their partner to sign a contract where the patrimonial dispositions in case of breakdown are clearly stated." A pragmatic piece of advice, which nonetheless sends shivers down the spines of people who grew up within a culture permeated with the romantic notion that the love between husband and wife should last forever.
"Come on," the lawyer says, "deciding in advance what's separate property and what's joint patrimony is merely being smart. On the other hand, statistics show that most marriages do end. Anyway, what could be the problem with signing such an agreement, if both parties do it in good faith?"
There are many things to know, and not all of them are obvious. "For instance, in case of a common law cohabitation," Bortolussi says, "the person who plays the paternal role, even though he may not be the biological father, is legally obligated to pay for the support of the children of his ex-common law spouse the same amount he should pay for his natural children".
According to Bortolussi, the guidelines set by the federal government with the May 1997 reform are quite efficacious. Whether one's income is $20,000 or in the millions, the principle is that support must be more or less proportionate to income, in accordance with some fixed tables. Other factors are to be disregarded: the reasons for divorcing, the income at the moment of separation, or even further family responsibilities (other children) that the father might have subsequently generated.
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