From: udcrusd@meaddata.com (Sylvia D'Cruz)
Subject: news report: Touchy alimony issue before top court
Organization: Mead Data Central, Dayton OH
Date: Mon, 6 Apr 1992 18:40:09 GMT
Distribution: soc.culture.indian

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                 Copyright 1992 Toronto Star Newspapers, Ltd.
                                The Toronto Star

                  April  2, 1992, Thursday, UNAVAILABLE EDITION

Touchy alimony issue before top court

BY DAVID VIENNEAU TORONTO STAR

OTTAWA

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   The Supreme Court of Canada is tackling the touchy question of how long
alimony should be paid.

   Seven judges - five men and two women - yesterday reserved their decision on
whether a man must pay alimony to a woman from whom he has been divorced for 12
years and separated from for 19.

   Andrzej Moge of Winnipeg says his ex-wife has had more than enough time to
become financially self-sufficient and he should not have to pay her $ 150 a
month.

   But Zofia Moge says she remains "economically disadvantaged" by the marriage
because she had primary responsibility for raising their three children and that
left her dependent on her ex-husband for financial support.

   "This is an important case for women," said Toronto lawyer Helena Orton of
the Women's Legal Education and Action Fund, which intervened in the appeal.

   "Following marriage breakdown, women - and children in their custody - often
face a dramatic drop in the standard of living and are more likely to live in
poverty than are men."

   The Moges were married in Poland in 1957, moved to Winnipeg and had three
children before their 1973 separation. He was a welder and she stayed at home
during the day but worked six hours every night as a janitor.

   They divorced in 1980. Andrzej Moge's monthly child and spousal support
payments were increased to $ 200 in 1987. Two years later he went to court and
had the payments terminated.

   Zofia Moge successfully appealed to the Manitoba Court of Appeal, which in
1990 awarded her spousal support of $ 150 a month. It ruled she remained
economically disadvantaged as a result of her role as care-giver in a
traditional marriage.

   Andrzej Moge, who has remarried and bought another house, appealed to the
high court, asking how long he had to continue paying support.

   The children are now adults and don't live with either parent.

   "The issue is, should Mr. Moge be continued to require to support her?" his
lawyer, Patrick Johnston, told the court.

   Johnston said Zofia Moge probably would have been economically disadvantaged
even if she had never married. He said she had only a Grade 7 education and
since her separation had done nothing to improve her lot in life.

   For example, he said, she continues to work only 20 hours a week as a
janitor.

   "She had no career before her marriage and she had no career after her
marriage other than as a cleaning person," Johnston said.

   His comments did not receive much sympathy from the court.

   Mr. Justice Peter Cory said Zofia Moge raised three children and "in some
miraculous way" put them through university.

   "It's not really much fun working from 5 p.m. to 11 p.m. as a janitor to
supplement the family income," Cory scolded.

   He noted Zofia Moge had unsuccessfully applied for 38 jobs after the last of
her children moved out. She speaks little English and is somewhat physically
disabled.

   Madam Justice Beverley McLachlin told Johnston that Zofia Moge was a partner
in a traditional 1960s marriage in which women were led to believe "they were
going to be looked after." She said there was a whole system that said to women
they didn't need an education.

   Zofia Moge raised three children and worked full-time and part-time after the
marriage breakdown, McLachlin noted.

   "When was she supposed to upgrade her education?" McLachlin asked. "A wife in
a traditional marriage proceeded on the expectation there would be support for
her and therefore it wasn't necessary to upgrade."

   Orton told the court it is important that alimony payments recognize the
significant long-term negative economic consequences that women suffer as a
result of raising children and managing a household.

   "In most marriages, men benefit financially from being relatively more able
to concentrate on their employment, arising from the assumption of family
responsibilities by women," she said.
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Sylvia D. D'Cruz                                
Mead Data Central                               Systems & Product Technology
Bldg. VI, 9595 Springboro Pike                          udcrusd@meaddata.com
Miamisburg, Ohio 45342                                        (513) 865-6800   
                                               
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