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Old 05-21-2017, 04:57 PM
truetoyourself truetoyourself is offline
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Default Urgent assistance - New Child Tax Credit and sole custody

Hi there, I searched topics and couldn't find what I was looking for. So, here it goes. My ex has sent me an email responding to my request. He states that for him to agree to what I want, then he wants me to agree to the following and in writing:

1 - something in writing from me that states I will not be asking for ANY form of financial support. (CS or otherwise).

2 - child tax benefit cannot be given to one parent or the other fully and that it must be split. Having said that i expect it to be split going forward regardless of us living in separate provinces. (these are his words, not mine) I know this to not be true because I have had it in total since her birth, she's 8, I have Sole Custody).

3 - He wants her for 2 weeks of his choosing in the summer and every Christmas as he doesn't get any other paid time off. You would also be paying for her return travel as i obviously cannot afford it. (If he is paying for nothing ALL year long, how can he not afford to pay for two plane tickets a year????? AND want half the CTB???? For what reason?)

I don't believe that he is aware that because she is presently under age, she cannot fly on her own so he will have to pay for his own plane ticket to escort her.

My questions: IF I wrote that we could split the CTB, does CRA even take that into account? Oh and let me clarify, this is not in court, this is an affidavit that I will be writing and we will both be signing in front of my lawyer who will witness and commission the document just because I don't trust him. Nothing is being filed int he court. Back to the CTB, in the past, even if the court stated that the CCTB was to be split between both parents, they didn't adhere to it unless there was shared custody. As we don't and I have sole custody, even IF I were to sign that, CRA wouldn't adhere to it because we will be living more than half way across the country and he will see her 3 weeks a year.

Can I request that he must keep her on his medical benefits?

Side note: After I am common-law with my new spouse, my daughter will fall under his medical benefits. Can she be on more that two peoples benefits? (i.e mine, her father's and then my common-law-spouses?)

I have a final custody order with my sole custody on it among other things. If I create this affidavit that is not filed in court but commissioned by the lawyer only because I don't want him calling an Amber Alert on my ass at the airport, does it supersede the court order or is it in addition? Because otherwise, I will want to make sure that I state that I still have sole custody in the affidavit, correct?

Thank you for you time.
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