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7 Canada’s New Child Support Guidelines: Do They Fulfill Canada’s International Law Obligations to Children? m a r t h a s h a f f e r In May ∞ΩΩπ, after years of study, Canada altered its method of calculating child support by adopting child support guidelines for claims brought under the Divorce Act, ∞Ω∫∑.∞ The adoption of the guidelines was fueled in part by a concern that the existing method of calculating child support had been generating low awards that did not adequately provide for children’s economic needs.≤ A ∞Ω∫∞ discussion paper described this concern in the following terms: In some cases the family’s financial resources are simply insufficient to provide adequate child support. In these situations the problem of low child support awards is part of the larger problem of poverty in Canada, which is intensified by the onset of divorce. However, in other families the resources are available but they are simply not being shared in a manner that would allow all family members to benefit from similar standards of living following divorce. This is confirmed by the fact that such a larger proportion of women and children live in poverty following divorce. The fact that these resources are not being shared can be attributed to the method of determining support and the allocation of costs between the parents.≥ By standardizing the amount of child support awarded at different income levels, the guidelines were touted as a measure that would reduce child poverty attributable to the economic upheaval that occurs at marriage breakdown. Reducing child poverty is, obviously, a laudable goal. It is also consistent with Canada’s international obligations and, in particular, with Canada’s responsibilities as a ratifier to the Convention on the Rights of the Child (‘‘Children’s Convention’’). Article ≤π of that convention provides that states have responsibilities to ensure that children receive adequate financial support either from their parents (or others who are responsible for them) or from the state.∂ While the primary responsibility to provide for the child lies with parents, the state is responsible for adopting measures to assist them to provide support and to provide material assistance in the event that they are unable to adequately meet children’s needs. In this chapter, I seek to examine the extent to which Canada’s child support laws, and in particular the child support guidelines, can be seen to accord with Canada’s obligations under article ≤π of the convention. I argue Canada’s New Child Support Guidelines 125 that the guidelines may well have a salutary effect on child support for those children whose fathers have the economic means to pay.∑ In this respect, the guidelines reflect the emphasis Canada has historically placed on ensuring that children receive support from ‘‘private’’ sources before turning to the state. I argue that the enactment of child support guidelines and the enforcement mechanisms that accompany them demonstrate that Canada has taken seriously some of its obligations under article ≤π, those ensuring that parents financially support their children. However, Canada has been far less diligent in meeting its other obligations under article ≤π, those ensuring that the children whose parents cannot provide adequate financial support receive the resources they need from the state. Finally, I will argue that the emphasis placed on the guidelines, as well as the public resources that go into monitoring and refining them, may actually be at odds with the agenda of eliminating child poverty by deflecting concern away from the broader issues of poverty in Canada. The UN Convention on the Rights of the Child and Canada’s International Obligations to Eradicate Child Poverty: Public Versus Private Support One of the most innovative features of the UN Convention on the Rights of the Child is its recognition of the interdependence of civil and political rights on the one hand, and economic, social and cultural rights on the other.∏ In order to secure the recognition of children’s inherent dignity and right to self-determination, the Convention on the Rights of the Child contains provisions for the protection of children from harmful acts and practices ,π as well as provisions enabling children’s participation in decisions affecting their lives.∫ In addition, the convention also includes a number of provisions concerned with the development and welfare of children. These provisions place states parties under an obligation to ensure that children enjoy a reasonable standard of living and access to basic services such as health care...

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