View Single Post
  #6 (permalink)  
Old 05-21-2017, 11:22 PM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
Join Date: May 2010
Location: Ontario
Posts: 3,248
Rioe will become famous soon enough

Originally Posted by truetoyourself View Post
1 - something in writing from me that states I will not be asking for ANY form of financial support. (CS or otherwise).
You can't waive CS. It is the right of the child.

However, since you are the one moving away, presumably this negotiation is about him giving you permission to take the child with you.

What CAN happen is that you offer to pay all travel expenses for the child to visit him, OR agree to reduce CS by the amount of the travel expenses but he pays them. The former (get CS but pay for the travel expenses yourself) is better because then you can look for deals, or take your own vacation when you bring the child to him. If you end up with the latter, you'll never get any CS because the travel expenses will magically eat it all up.

Originally Posted by truetoyourself View Post
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).
CTB goes to whichever parent has majority access, and is only split in a 50-50 custody situation. You can say whatever you want in a legal document, but CRA will ignore that and do it their way, regardless. CRA is not going to give CTB money to a parent who hardly ever has the kid.

Originally Posted by truetoyourself View Post
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?)
Two weeks of his choosing in the summer is very reasonable, but I'd make sure to put a deadline for him to make his choice so you can plan your summer.

I'd say only half of Christmas Break, alternating which week is first between you each year. That way, you get some of the holiday with your child.

You might want to also offer him March Break as well, since there's nothing particularly special to celebrate that week.

Originally Posted by truetoyourself View Post
Can I request that he must keep her on his medical benefits?
Certainly. She's still his dependent.

Originally Posted by truetoyourself View Post
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?)
Yes, I think there could be up to four people claiming the child, the parents and their new partners. There are different rules for the order in which they claim, depending on the insurance provider.

Originally Posted by truetoyourself View Post
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?
You want to make this into a new agreement, and file it with a court to make it supersede the previous order. In it, refer specifically to which paragraphs of the old order are being replaced.

Does your original court order have a mobility clause? Having the new order clearly indicate that you are able to move would help you from
Amber Alerts. If you think this behaviour is likely from your ex, however, definitely get the new agreement filed in court before you move.
Reply With Quote