Good, Responsible Parenting: Child-Support Guidelines in an Era of Neo-liberalism

Abstract

AbstractFollowing decades of criticism, the federal government amended the Divorce Act in 1997 to include guidelines and support tables for the determination of child-support orders. The guidelines were meant to replace a child-support system that relied heavily on judicial discretion, which was blamed for the inconsistency between awards, the inadequacy of the amounts awarded, and inequity in the system. Normative messages about parental responsibility and good behaviour were reinforced in the new child-support regime. Through an analyses of case law, government documents, and interviews with lawyers, unique insight is gained in expanding our understanding of what is happening “on the ground,” beyond the “black letter of the law,” pursuant to the child-support law reforms. This article outlines the dominant message about responsibility that parents receive when they encounter child-support law. Further, it is necessary to consider the socio-economic context in which these reforms have occurred, as they have significant implications for the family in today's society. In the current climate of neo-liberalism, the reformed child-support legislation might be seen as one strategy in the state's reconfiguration of responsibility for the welfare of children. This research demonstrates that while the rationalization of child support has achieved some key objectives, it will fail as an anti-poverty measure.