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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-14-2015, 01:50 AM
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Default CPP disability children's benefit

Situation is that parents are divorced. They have shared custody week on/off basis. Father receives CPP disability. He also receives the children benefit. This is not considered income as it is for the children and is paid to them through custodial parent until they are 18, which is when this benefit will be directly paid to the children.

Question is, shared custody and CRA automatically gives both parents half for the children child tax benefit. It was adjusted directly by them once they were made aware of shared custody.

Since children are shared equally, would the CPP disability, children benefit be also shared? It's payment for the kids but through custodial parent. Both parents share equally so both should get half, right?

Can't find any info on that . However CPP did say on phone it should be shared. Mother applied but got refused as other parent is collecting it. They advised talk to father to pay u half, or one child cheque.

Mother doesn't want to stir anything unless it's confirmed that she should receive half. Chances are father will refuse and a motion will be filed by mother.

Please help and advise how to go about this. If there is caselaw that says it should be split in shared custody situation that would be great. Please help!
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Old 10-14-2015, 08:33 AM
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is the one getting the money on the behalf of the kids giving it all to the kids?
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Old 10-14-2015, 08:41 AM
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Kids are very young under 10.
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Old 10-14-2015, 12:40 PM
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Anyone who can help?
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Old 10-16-2015, 01:56 AM
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Wow, no one here can help?????
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Old 10-16-2015, 02:11 AM
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Search for "cpp disability "child benefit" support" on CanLII
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Old 10-16-2015, 10:25 AM
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Children receive cpp disability... Why? If it's related to one parent's disability I can't see how that should be shared with the other parent. But I really have no idea or experience, just seems odd.
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Old 10-16-2015, 12:15 PM
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There's a Child Disability Benefit which is available to families who care for a child under 18 with a disability (who would qualify for the disability amount if that child were over 18). Maybe that's what the OP is referring to. However I don't think it has anything to do with CPP.

If child is the one with the disability and both parents are equally involved in caring for the child, then the benefit should be shared between them. But if the adult is the one with the disability and is receiving some sort of benefit through CPP, I don't see why it should be shared with the other parent.
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Old 10-16-2015, 12:28 PM
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"A disabled contributor's child benefit for the child of a person receiving a CPP disability benefit – a monthly payment for a natural or adopted child or a child who is in the care and custody of the person receiving a CPP disability benefit."

This is a payment to help a disabled parent care for their kids.

A quick read thru of the canlii cases seemed to show that if the benefit was $100/mo (paid to the child or CS recipient), then the disabled parent's CS obligations would be reduced $100/mo.

So no, it is not shared. It is solely to help the disabled parent.
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Old 10-16-2015, 12:41 PM
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I'm with DF, if one parent is disabled, why should the other non disabled parent be entitled to any of it?
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