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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 04-02-2012, 11:43 AM
NBDad's Avatar
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What Mess said. The CCTB/UCCB split is determined by the income tax act. By law you are supposed to inform them of any change in status that may affect you.

They should automatically split the CCTB/UCCB once they are informed of the change...that's governed by the INCOME TAX ACT and Family Law cannot dictate anything to do with it. (ie. any agreement you make to leave it alone isn't enforceable, and you should NOT be permitted to file anything that contains that as a clause.)

She doesn't have "zero" income. She must have EI/Student Loans/grants/Bursaries/etc that she's living off of. THAT would be her income.

I'd pitch what Mess suggested, if she says no, then you file for CCTB/UCCB anyway, and take your chances on doing an income tax filing. Technically you are paying offset CS, so NEITHER parent should be allowed to claim the children...but that's a grey area and not one they enforce. If each of you only claim A child, you should be ok, but without the CCTB status being changed first, you may be SOL this year.
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