Lets Make It Criminal

"Canadian Criminal Law, Review" vols. 2-10

I know that the child support system has effectively made it criminal to not pay support, but lets dial things back. Child support is currently a right of a child, that the custodial parent is the legal custodian of the money. This system says that the non-custodial parent will spend at a minimum a certain amount of money in the name of the children, but has no say in how that money is spent. This is where we lie right now. A not small amount of the theory that lies under these laws is that men, the primary payers of child support, will not let their children go without things they can afford. So the system feels justified in taking as much as they can from the man and give it to the woman, knowing that the man will go to great lengths to be able to continue to care for their children.

As an example of this attitude in my case, I just had my CS more than doubled. I lost one day out of 14. I went from 7/14 days to 6/14. This put me back into the regular CS guidelines, and not the equal parenting time guidelines. With four kids that I expected to raise inside of my miserable marriage, this is a lot of money. If I were paying what I should be in taxes out of my paycheck, I would be paying more to my ex, than I receive in every pay check. As it is, it is a barely mentionable the difference in these numbers right now. Yes some of this is because of a loan on my retirement to pay off marital debt, but it still leaves me with very little every month. I told her I wouldn’t be able to afford to pay for half the extra-curricular activities. She keeps trying to find ways to get me to revisit this decision. she has the spending power of someone who earns more than I earn, and I less than she earns. With my income alone, even with the loan, I can easily afford all the kids expenses including extra-curricular activities without any money coming from her.

Lets put aside all the arguments of how the child deserves the support of both parents. Lets stop pretending the system isn’t built on the principles of a man is required to be married to the mother of his children until his children are grown, even though she is not required to be married to him. The whole system needs to go. What is important is not the lifestyle of the children. It is not the money. It is, very simply are the children being cared for to a minimum standard. Let the parents figure it out on their own. Guarantee the simple rights that each parent and child deserve each other, and lets make sure that they are given time together. If a child isn’t being taken care of, then lets take it a criminal court. Charge the parents with neglect. Figure out if one parent or the other is at fault, or if both are at fault, and then divvy out consequences. We need to get rid of a system that says that one or both parents will fail to care for their children as the default stance. Most parents will do what it takes to take care of their children. CS says that one parent won’t do what it takes, so we are going to make them. The USA is not built on assumed failures of people. If parents don’t care for their children, then by all means punish them. To determine that because I make more money than the other guy, I am more obligated than him to my kids legally is not right. My kids rights are not to live the life I am capable of providing for them, but to live the life I do provide for them. There is no obligation of the other parent to spend every dollar given to her, so she retains economic autonomy.

With these high child support orders, the non-custodial parent loses all authority in their kids lives. They don’t have the means to supply directly for the kids, the things that their kids need. They are required to pay the other parent ot do these things. My children should be the beneficiaries of the lifestyle I lead, by they are not, because I have to pay the other parent, and she gets to improve her lifestyle, while I struggle. To all the mothers who want to chastise me for not wanting to pay for my kids, FUCK YOU. I have no problem paying for my kids. I don’t want to pay for my ex to pay for my kids. Fathers are being removed from their kids lives, so that mothers can live an easier life. I would happily clean the scraped knee and do the homework with them daily, but instead I get to pay someone who benefits from despising me to do those things in my stead.

Ten-Foured,

JeD