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Thread: Moge v. Moge

  1. #1
    raladin3d
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    Moge v. Moge

    Hi all this is an issue i want to debate with you guys it is called "Moge v. Moge"
    Andrzej and Zofia Moge were married in Poland and moved to Canada in 1960. They separted in 1973 and were divorced in 1980.l During most of the marriage, Zofia stayed home to raise thier three children. The household chores were also her responsibility. She had little formal education and did not speak English well. Zofia was awarded custody of the children and $150 a month in spousal the time, she was making approximately $800 per month;Andrzej was earning approximately $2200 per month. However in 1987,Zofia lost her job, In 1989, Andrzej was successful in having the support payments terminated. The judge who granted the application determined that zofia had had enogh time to become a financially independent. However, the Manitoba Court of appeal reinstated the support payments and ordered Andrzej Moge to pay $150 per month in spousal support for an indefinite period. Andrzej was given leave to appeal this decision to the Supreme Court of Canada.
    The Supreme Court dismissed the appeal and found that Andrzej was obligated to continue paying spousal support indefinitely . The Court acknowledged that while spouses have an obligation to support themselves after the breakdown of a marriage, in situations where the dependent spouse is unable tp escape his or her dependency, the other spouse is obligated to continue to financially support the dependent spouse.

    Thats the issue i hope you guys tell me what you think about it =)

  2. #2
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    Re: Moge v. Moge

    I would need to know some further information first. How old are the children? Is the mother capable of getting a babysitter to watch her children? If the children are old enough to stay at home by themselves and/or the mother is capable of getting a babysitter, than there is no reason that she shouldn't take an active part in financially supporting her children. The father should too, as, again, he is responsible for bringing these children into the world, and therefore has an obligation to care for them. However, if the mother isn't, than considering the is taking all the child rearing responsiblities, it's good enough for her to be a stay at home mom, and have her ex-husband maintain the financial care of the children. In both cases, I see no reason as to why the ex-husband shouldn't have to pay child support.

  3. #3
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    Re: Moge v. Moge

    Did you want to debate if it was legal or "fair?"

    A legal debate is pretty complicated and most folks here probably couldn't make a strong case due to not knowing Canadian law.

    A moral debate is more possible. $150 a month doesn't seem like a huge payment given his salary so it doesn't seem onerous.

    They were married outside Canada so they may not have known the obligation he was signing up for, but he did choose to move and that comes with benefits and responsibilities. So on that account he agreed to live up to the Canadian laws whatever they may be. Canada is a bit socialist so I can see how they might emphasis responsibility to care for those unable to care for themselves and to whom you have some obligation.

    I think the wife does have a responsibility for her own welfare as does the state but 150 a month isn't a living wage. It's almost a mere token payment.

    If she still cares for the kids I think the husband is certainly obligated to assist financially unless he is cut off from them completely by law. Again its not clear if the money is meant as child support or just alimony.

    On principle I'm not fond of Alimony laws but they do help prevent men from preying on women they marry and then leave, and this payment seems mild so on balance I think it is decently fair given the country in which they live.

  4. #4
    raladin3d
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    Re: Moge v. Moge

    Thank you all for your comment
    and if you need more info here is a website
    http://csc.lexum.umontreal.ca/en/199...2rcs3-813.html
    thanks

  5. #5
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    Re: Moge v. Moge

    Quote Originally Posted by raladin3d View Post
    Hi all this is an issue i want to debate with you guys it is called "Moge v. Moge"
    Andrzej and Zofia Moge were married in Poland and moved to Canada in 1960. They separted in 1973 and were divorced in 1980.l During most of the marriage, Zofia stayed home to raise thier three children. The household chores were also her responsibility. She had little formal education and did not speak English well. Zofia was awarded custody of the children and $150 a month in spousal the time, she was making approximately $800 per month;Andrzej was earning approximately $2200 per month. However in 1987,Zofia lost her job, In 1989, Andrzej was successful in having the support payments terminated. The judge who granted the application determined that zofia had had enogh time to become a financially independent. However, the Manitoba Court of appeal reinstated the support payments and ordered Andrzej Moge to pay $150 per month in spousal support for an indefinite period. Andrzej was given leave to appeal this decision to the Supreme Court of Canada.
    The Supreme Court dismissed the appeal and found that Andrzej was obligated to continue paying spousal support indefinitely . The Court acknowledged that while spouses have an obligation to support themselves after the breakdown of a marriage, in situations where the dependent spouse is unable tp escape his or her dependency, the other spouse is obligated to continue to financially support the dependent spouse.

    Thats the issue i hope you guys tell me what you think about it =)
    This sounds suspiciously like someone's school assignment. Perhaps, it is just something you read in the paper and have a curiosity about. Either way, that's fine. Here's the thing. This is ODN, a debate forum. There is no opinion offered by the thread's creator. As such, there is nothing here to debate. While we COULD tell you what we think about the case, we wouldn't be debating. So, you should edit your post and offer some debate topic and offer some initial contentions.
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  6. #6
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    Re: Moge v. Moge

    In all, this case was an advancement for womens rights but given the lack of direction from the opening post, there is little to discuss.
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  7. #7
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    Re: Moge v. Moge

    The ruling makes sense, is consistent with the intention of the legislation and with the spirit of spousal maintenance provisions in many other jurisdictions.

    Of course, Mr Moge will be able to apply for a variation or revocation of the order some time down the track if circumstances change.
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  8. #8
    raladin3d
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    Re: Moge v. Moge

    Ok then guys i need you to debate this issue like you agree about what the judge did or you disagree and why

  9. #9
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    Re: Moge v. Moge

    Why do you "need" that specifically?
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  10. #10
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    Re: Moge v. Moge

    Because his homeworks due
    .::The Swindall::.

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  11. #11
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    Re: Moge v. Moge

    Quote Originally Posted by Ibelsd View Post
    This sounds suspiciously like someone's school assignment. Perhaps, it is just something you read in the paper and have a curiosity about. Either way, that's fine. Here's the thing. This is ODN, a debate forum. There is no opinion offered by the thread's creator. As such, there is nothing here to debate. While we COULD tell you what we think about the case, we wouldn't be debating. So, you should edit your post and offer some debate topic and offer some initial contentions.

    I have never quoted just myself before, but I wanted to reiterate my original hunch.
    The U.S. is currently enduring a zombie apocalypse. However, in a strange twist, the zombie's are starving.

  12. #12
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    Re: Moge v. Moge

    This thread has been moved to the STB zone due to the lack of a proper argument.
    >>]Aspoestertjie[<<

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  13. #13
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    Re: Moge v. Moge

    This OP seems to be about whether a father should be made to pay child support to support his children after a divorce...at least, that's what I'm getting from the 'article'. I may be wrong.
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  14. #14
    raladin3d
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    Re: Moge v. Moge

    Tarja Turunen yes you are right.
    This is all about if the judgment was right or wrong and if the judge should'v made the father pay something for the children.

    And it is not a homework lol, i am just getting ideas from Poeple and sharing info =)
    thank you all again

 

 

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