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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 05-08-2014, 09:12 AM
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The story
After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
She has gone on short term disability.
She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
well our Son was in her care he was sexually assaulted by her nephew.

I have not made daycare subsidy payments to her at all
But I was willing to pay the daycare directly.
She would not agree.
She has always claim him on taxes so she would not lose her subsidy.
I don't think the government knows that the child is with me half time.
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Old 05-08-2014, 09:18 AM
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Quote:
Originally Posted by The Fool View Post
The story
After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
She has gone on short term disability.
She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
well our Son was in her care he was sexually assaulted by her nephew.

I have not made daycare subsidy payments to her at all
But I was willing to pay the daycare directly.
She would not agree.
She has always claim him on taxes so she would not lose her subsidy.
I don't think the government knows that the child is with me half time.
If your son was sexually assaulted, call the police and CAS. That is the most important thing to deal with, your son's well being.

You aren't married to her anymore, you cannot control who she is in a relationship. It isn't material to how much support you pay. You can't control what she puts on her taxes.

If you have the child 50/50, then who claims him for all the tax credits?

I would not budge on 50/50.

Is she claiming daycare for the time when she is on disability?
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Old 05-08-2014, 09:50 AM
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I am thinking that it matters what she claims on her taxes because they use the offset CS method due to the 50-50 arrangement.

I am also thinking that she wants to change to her having him full time so she gets more CS money. Going on disability is probably an income drop for her, so she's floundering around for ways to get more money.

Because she wants to change from a three-year status quo, the onus is on her to prove that this change would be in the best interest of the child. Unless she can prove that to you, don't agree to any changes. If you don't agree to changes, she'll have to take you to court, where she'll need to prove to a judge that it's in the child's best interests to be with her more.

Also, if she's claiming the child full time to CRA when she shouldn't be, send in your proof to CRA that you have the child half the time, and they will eventually give you your share of the tax credits you missed and she'll end up owing them money back (there are a few threads around here about how to do that). I can see how you might want her to get the daycare subsidy so that daycare fees are less for both of you, but technically, it's fraud.

Lastly, see if you can have her income imputed to the proper amount. Find out how much rent she collects from her tenants and add that onto her line 150 for CS calculation purposes. It's between her and CRA if she lies on her taxes, but her CS should be based on the proper amount of her income.
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Old 05-08-2014, 09:53 AM
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She did call the police.

we were never married.

she gets all tax credits because she's been claiming him,
she did not want me to claim him because she would lose her subsidy.

And I have txt messages about her wanting to harm herself.
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Old 05-08-2014, 10:06 AM
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Quote:
Originally Posted by The Fool View Post
She did call the police.

we were never married.

she gets all tax credits because she's been claiming him,
she did not want me to claim him because she would lose her subsidy.

And I have txt messages about her wanting to harm herself.
What was the result of the police call? Has your child been in counselling?

As previously mentioend, you should be getting half those benefits, you should look into those threads.

About harming herself, you have to make your own decisions. But when my son, who has mental health issues, talks about harming himself, we go to the hospital. We don't leave until he has been seen by a psychiatrist. If your child was with her when she is threatening to harm herself, I would be calling the police.
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Old 05-08-2014, 10:14 AM
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Quote:
Originally Posted by The Fool View Post
...
After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend...
Do you have a current court order or signed agreement right now, that outlines this 50/50?
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Old 05-08-2014, 10:15 AM
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Quote:
Originally Posted by The Fool View Post
She did call the police.

we were never married.

she gets all tax credits because she's been claiming him,
she did not want me to claim him because she would lose her subsidy.

And I have txt messages about her wanting to harm herself.
Anytime you get a text like this you need to call 911. You can never know if it's the truth or a lie.
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Old 05-08-2014, 10:19 AM
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Yes the child is getting help.

its a verbal 50/50 agreement
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Old 05-08-2014, 10:36 AM
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Are you still following 50/50 access?
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Old 05-08-2014, 10:40 AM
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Quote:
Originally Posted by The Fool View Post
The story
After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
Tell her no

Quote:
Originally Posted by The Fool View Post
She has gone on short term disability.
Not relevant but might be why she wants more time as it means more money

Quote:
Originally Posted by The Fool View Post
She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
Irrelevant.

Quote:
Originally Posted by The Fool View Post
well our Son was in her care he was sexually assaulted by her nephew. '
What evidence do you have of this?
Did you call the police?
Was CAS involved?
Did you take the child to the doctors?

Quote:
Originally Posted by The Fool View Post
I have not made daycare subsidy payments to her at all
But I was willing to pay the daycare directly.
She would not agree.
Did she say why she didn't agree?

Quote:
Originally Posted by The Fool View Post
She has always claim him on taxes so she would not lose her subsidy.
I don't think the government knows that the child is with me half time.
So tell the government the child is with you half the time..

Although once you do they are going to want a "written" agreement from you.
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