Cctb

[What a mess]

With the new legislation that came into effected has affected my separation agreement . I have Shared custody of my four children no less than 40%. But it also states that all CTB payment will be claimed by my Ex spouse before I knew that this new legislation was coming into effect. When I filed my taxes the CRA had requested that I send in my separation agreement, witch in turn has decided that I am entitled to receive this benefit. Now My ex is claiming I have breeched the contract and is seeking retroactive payments that the CRA took back from her. We have presented this case in front of family court and the presiding judge laughed at my argument. Does following a federal law supersede a separation agreement? Because I obeyed one law does not breech an agreement that was created in error does it? Going to cost me a whole lot of money just for not lying to the CRA.
Now because the separation agreement is in jeopardy she is asking the courts for full custody of the children so she can receive more money from me and the Goverment . How is this fair?
In order to qualify for the CCTB, an individual must meet the requirements outlined in section 122.6 of the Income Tax Act, specifically the definition of eligible individual. Although a court order might state who should receive the CCTB, the CRA is bound by the Income Tax Act, which is considered the only legal authority for determining the eligible individual's).
In order to qualify for the CCTB, an individual must meet the requirements outlined in section 122.6 of the Income Tax Act, specifically the definition of eligible individual. Although a court order might state who should receive the CCTB, the CRA is bound by the Income Tax Act, which is considered the only legal authority for determining the eligible individual's).

[HammerDad]

The agreement will override the legislation. You agreed to her having the CCTB, your claiming it now (while in accordance with the legislation) was in contravention of the agreement. She is entitled to it because, notwithstanding any future changes to legislation, you agreed that the CCTB be paid to your ex.

As for the remainder of her argument to ensure it doesn't happen again, meaning no longer having shared custody, she should lose based on status quo. Your argument should be the children are doing well in the current regime (good school marks, healthy etc) and there is no material change of circumstance to warrant any change to the agreement.

Ultimately, you will possibly have to pay the ex the amount you received from the CCTB until you either a) have the agreement amended to have the CCTB shared or b) you have full custody.