Quote:
Originally Posted by momof3
As for it just being for the purposes of putting the cheque in someones name, that's not really true from my experience. If any overpayments are assessed for CTB, they are assessed to the individual, and not to the family unit.
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That's true, but if the indvidual was overpaid, it's the individual that has to repay. That's fair.
If the individual was married or common when the overpayments were made and remains so when required to repay, well it's still marital resources that benefited when the payments were received and it's marital resources that will be later used to make the repayment, so it doesn't matter.
If the individual received the overpayments while outside a relationship and is later required to repay, well again, that person got the money. They should be the one to repay.
If the individual received the overpayments while in a relationship and is later required to repay after the relationship is over, then those amounts were a liablility at separation date (even if the individual didn't know it) and that person should be remedied by way of equaliztion of family property.