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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #21 (permalink)  
Old 08-23-2016, 02:33 PM
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CRA makes a killing on this technicality. But it could be worse, these rules, even though very troublesome and error prone didn't even exist until 2011.

Prior to that, CRA did not recognize shared custody or allow any splitting of benefits. They always defaulted to giving 100% to the woman.

You NEED to explicitly say that you are both paying for CRA to recognize shared custody. Amend your agreement or get a new one.
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  #22 (permalink)  
Old 08-23-2016, 02:43 PM
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Agreed. I have already drawn up an amendment with the correct language but of course my ex will not sign it and ignores me every time I bring up the subject. I have asked her to get her lawyer to look it over etc. but nothing . She thinks if she signs it, she will have to pay back the last 2 years worth of tax refunds and credits that she received .

Can I ask the courts to add the amendment without her signature ?

Looks like I already will have to go to FRO to get the CS for the one son who lives exclusively with me .
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  #23 (permalink)  
Old 08-23-2016, 04:26 PM
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Well, she's right. If she received thousands of dollars of government benefits to which she was not entitled because the children were in a shared custody arrangement, she WILL have to repay all of the money to CRA. That's what happens when you scam the system and get caught, or don't do your due diligence when signing legal agreements.

You can have the order easily amended by a judge with or without consent. You're just asking to clarify the terms, not changing anything. If she forces you do go to court over something so ridiculous you may be entitled to have her pay your costs.
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  #24 (permalink)  
Old 08-24-2016, 08:17 AM
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Good to know. Thank you for the advice
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  #25 (permalink)  
Old 08-24-2016, 12:49 PM
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I don't think the wording matters for government benefits.

The wording ONLY matters for the equaivelnt to spouse credit
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