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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 09-21-2017, 11:17 AM
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Default Summary Judgement Motion ?

Self rep in Ottawa, 1 week on / 1 week off living arrangements, joint custody

My ex is not co operating with me because I filed a motion 15 to have our separation agreement amended. I believe I can prove a material change in circumstance. We used the offset method for child support and even though our agreement clearly states that we are each allowed to claim one of our 2 eligible dependents as well as split the child tax benefits 50/50 , the offset method doesn't allow me to claim one of my kids . While I know that this is more of a tax court case , I would still like to have my agreement changed to state that the money is going both ways ( not offset ).

A friend has suggested that I file a motion for summary judgement so that a judge can review the agreement and decide if my argument has merit .

Does anyone here have an opinion as to whether this is a good idea or not ?
What could happen ? How much does it cost ?

Can anyone recommend a good lawyer in Ottawa who has experience with this ?
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Old 09-21-2017, 02:21 PM
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Have you explained to her that you're doing it purely to change wording around child support, with no real changes to what is actually paid out? Based on what you've said, it's a pretty reasonable request and shouldn't be fought against unless she doesn't understand it.

In regards to your specific questions, I don't have the experience to answer them.

That said, even once you get this amended, be prepared to have to fight with the CRA in order to claim a kid as an eligible dependant, if you're the one paying offset. They like to deny the claims, did it to me my first two tax years after separation, despite having my court order specifically state how much each of us paid to the other in child support. Just don't roll over and accept, follow the appeals process, and about six months later they'll get around to accepting it.
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Old 09-22-2017, 10:04 AM
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My ex and I do not get along. Like many here, she actively fights me on everything, even basic things like the parenting of our 2 children, both under 10yrs. We are still in the court process for custody and parenting as she has been trying for the last 2 years since separation to remove the 50/50 parenting schedule and joint custody we have been following since it was temporarily ordered on my initial request.

Needless to say, my situation isn't unlike yours.

For CCTB and Eligible dependents, I tried asking the ex and have an agreement, but got the expected results. So I filed before her and claimed one of the kids and told her she can claim the other. CRA only cared about my application for CCTB. All I had to do was show them the order, then prove I had the children half the time and they awarded it to me. They even went after my ex to claw back CCTB they had given her since the date I could proved shared parenting had started. Of course, that just pissed her off more.

CS payments never came into question for either of these.

I believe if your agreement says "Offset" in any shape or form, you should be able to provide the wording from the family law rules as to what that means. Show CRA what the Government says Offest payments is. Ie: each parent is paying, which according to CRA Rules, makes you eligible to claim an eligible dependent.

Don't bother with family court. Don't other with your ex. Just appeal CRA and get them the docs they want. Go to tax court if you need to. The Family Law rules say that both parents pay when it's offset. That's really all you should need to fight CRA with.
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