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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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  #11 (permalink)  
Old 10-16-2015, 12:03 PM
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But I see the parents here have shared custody, so supposedly offset CS. That's where the problem starts.

With offset CS, each parent (supposedly) contributes according to tables, so higher earner pays the difference so that the 'kid spend' in each household can be equal.

The old problem is that really higher earner should be paying HALF the difference, but even though LOGICAL, apparently that is not accepted.

Now we have the similar situation ... one parent's obligations are reduced by x/month because of a disability (where logically, should be reduced by only HALF of x/month). I think that impacts where the child's benefit $ should go .. as (hopefully) explained below.

On the assumption that the disabled parent is the net CS payor, here's my reasoning for it all going to the net CS receiver:

1) because of net payor's disability, their income is 20K less, so their table amount is 3K less, so offset CS paid is 3K less (so the net recipient bears more of the weight of the disability than if using LOGICAL method).
2) because of disability, child gets 1k cpp benefit. This should go to the net recipient to compensate for #1.

If the disabled parent is the net CS recipient...
1) because of net recipient's disability, their income is 20K less, so their table amount is 3k less, so offset CS received is 3K more (so the net payor bears more of the weight of the disability than if using LOGICAL method).
2) because of disability, child gets 1k cpp benefit. This should go to the net payor, to compensate for #1.

So I think it all depends on who is net payor/recipient. But this is a result of the non-logical offset CS method.

No idea if my 'logic' is followable...

Last edited by dinkyface; 10-16-2015 at 12:07 PM.
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  #12 (permalink)  
Old 10-16-2015, 12:26 PM
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Then again .... since the CS offset method is 'officially fair', and so, the benefit should be paid into both households equally, to preserve the ability to 'spend equally'.

In other words, my prior argument would require some official acknowledgement that the cs offset method is 'unfair to the net payor', and that's probably not going to happen in court.
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Old 10-16-2015, 02:20 PM
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I am thinking (and in now way is what I write based on law) that morally the money belongs to the kids or to help the person look after the kids. Based on the disability they may need help with the kids when they have them due to their limitations. If they don't need the money to help look after the kids then why not put that money into an education fund for the kids or even buy some Canada Savings bonds or something that become mature when the kids hit 18?
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Old 10-16-2015, 02:32 PM
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SOTS - so you see it as assisting with increased costs relating to disability, not as compensating for the parent's lower earning power. I would agree with that if it was the child who was disabled, not the parent....
but one parent's lower earning power affects both households (because of CS paid), so if it is really for the child, then it should help out both households.
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Old 10-16-2015, 02:33 PM
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The child disability benefit is payable to a disabled parent, because they are disabled. A non-disabled parent isn't eligible for it and shouldn't receive it. After you're divorced, you can't profit off tax breaks that your ex is eligible for. Your finances are separated. Maybe you have to pay a bit more in CS than you would if your ex were not disabled, but that doesn't mean you get his/her disability benefits.
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Old 10-16-2015, 02:37 PM
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Quote:
Originally Posted by dinkyface View Post
"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.
After reading more ... it has been decided very clearly in court that disabled payor parent's CS obligations are NOT reduced when the payment goes to the custodial parent.
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Old 10-16-2015, 02:39 PM
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Quote:
Originally Posted by stripes View Post
The child disability benefit is payable to a disabled parent, because they are disabled. A non-disabled parent isn't eligible for it and shouldn't receive it. After you're divorced, you can't profit off tax breaks that your ex is eligible for. Your finances are separated. Maybe you have to pay a bit more in CS than you would if your ex were not disabled, but that doesn't mean you get his/her disability benefits.
This ^^ exactly. If the parent were not disabled and able to work they would making more and providing more for the kids and themselves.
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Old 10-16-2015, 02:54 PM
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Benefits for Children under 25 - Canada Pension Plan - Service Canada

"If the child is under the age of 18
, the benefit is normally paid to the person with whom the child is living. However, in some cases, the benefit can be paid to the child who has applied. "

Not explicit/clear, but that usually means the parent with the larger %time, not necessarily the disabled parent. I couldn't find anything else to clarify.
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Old 10-16-2015, 03:27 PM
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Default CPP disability children's benefit

That's exactly my confusion. It is not considered as income for the parent who has custody of the kids, because this benefit is FOR the children. Hence, my question that shouldn't it be split as the kids time is split between parents.

I read a caselaw where father was disabled and mother had custody and the father was giving the mother the children's benefit because she had custody. This did not impact his child support obligations as the children benefit was not income for either parent. Here the link to it.
http://www.canlii.org/en/bc/bcsc/doc...&resultIndex=8


So what's the verdict?

And thanks for all the input!
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  #20 (permalink)  
Old 10-16-2015, 06:19 PM
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If the parents have shared parenting, it's pretty safe to assume that both Mom and Dad are incurring similar expenses for the kids (they both have to maintain a residence with adequate bedrooms, utilities, feeding the kids, etc). Each parent is incurring expenses similar to what s/he would incur if s/he had the kids full-time (that is, having kids 50% doesn't mean you spend half as much $$ as you would if you had them full-time - the mortgage needs to be paid, kids' rooms need to be furnished, etc). Splitting the child disability benefit in half between the parents doesn't reflect the actual costs of having the kids, because the disabled parent isn't spending only half of what s/he would spend if s/he had the kids full-time. If the kids were living full-time with one parent, it might be different.

Mom is not entitled to be financially compensated for having a disabled ex. Yes, Mom may find herself paying a lot of offset CS because she earns more than Dad - welcome to the club, Mom, many of us earn more than our exes for a whole range of reasons, including physical ability. This is not a special case.

And once again, the disability benefit is attached to the disabled parent, not to the child, to assist with the disabled parent's costs. If it were meant to be shared proportionately amongst everyone who looks after the kid, it would be attached to the kid, the way the CCTB is. So no, Mom is not entitled to a chunk of Dad's disability benefits. If Dad wants to give Mom a portion of the money, fine, but he does not have to. And Mom is going to look pretty petty if she tries to go after a disabled adult's benefit cheque after they're divorced.
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