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  #11 (permalink)  
Old 02-06-2009, 09:44 AM
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Wel my lawyer told me is was in my best interest to just let my ex keep the child tax and benefits since I make alot more money then her (ya i make so much money that i might have to sell my house to keep paying CS). And this is my lawyer telling me this..Whos side is she on??
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Old 02-06-2009, 09:47 AM
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I have heard in cases where there is a 50/50 split that the court orders that each parent receives the child tax benefit one for 6 months the other for the other 6 months and that they are both allowed to claim the child on their income taxes but only by half of the allow amount for a dependent. Again this has to be ordered by the court.
It is not ordered by the court, it is governed by the Income Tax Act, which cannot be overridden by a court order. The six month rotation on the CTB is law in situations of shared parenting - see Shared Eligibility.

Regarding the eligible dependant claim, it can be shared but someone paying CS is disqualified from making that claim, which effectivey means that the recipient of CS will be the one making the claim in the vast majority of cases.
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Old 02-06-2009, 09:51 AM
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Wel my lawyer told me is was in my best interest to just let my ex keep the child tax and benefits since I make alot more money then her (ya i make so much money that i might have to sell my house to keep paying CS). And this is my lawyer telling me this..Whos side is she on??
It's not a choice that you two get to make. The rules are clear. You should be on the six month on six month off rotation.

You're right that you would get less, maybe even nothing, as the CTB is an income tested benefit, meaning the more you make the less you get. That means that the total dollars paid to each of you will be less than what she would get if it doesn't change.

I think what the lawyer meant is that it's in the (now split up) family's best interest. It's also contrary to the law, and if the CRA reviews your situation and sees that your in a shared parenting situation, then you will be put on the six month rotation.

Last edited by dadtotheend; 02-06-2009 at 09:59 AM.
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Old 02-06-2009, 09:56 AM
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In the view of your lawyer... regarding the Child tax benefit... both of you will receive the amount of CCTB based on your incomes and if hers is lower she will receive more and I know this is not fair...... in all reality this money is for the children and if it benefits them further to have her receive the full benefit of CCTB then yes it would be in their best interest to leave it the way it is. Although you are entitled to the 6 months off of CCTB
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Old 02-06-2009, 10:01 AM
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...in all reality this money is for the children and if it benefits them further to have her receive the full benefit of CCTB then yes it would be in their best interest to leave it the way it is. Although you are entitled to the 6 months off of CCTB
Yes, it would be in their best interest, but it would be contrary to the law, and not in the best interest of the other 30 million people that live here.
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Old 02-06-2009, 10:37 AM
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Yes, it would be in their best interest, but it would be contrary to the law, and not in the best interest of the other 30 million people that live here.
I am well aware that it is contrary to the law I was only attempting to state what the view of his lawyer would have been from his last post. I apologize if there was a misunderstanding on what I wrote.
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Old 11-26-2009, 05:13 PM
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Just finished reading the threads on this issue. I just got out of court the judge ruled in the favor of the ex...He lost his job in 08 got a sevarance that brought him into Feb 09. He went on EI for 26 weeks at the max. During the EI period he kept saying not sure what you are going to do when this runs out. I cant find a job!! He brought his motion before the court in June at which time the Judge orders him to provide disclouse in 10 days. to include where he has been looking for work financials etc.... 10 days pass nothing...we get to the point that hes 5000 in arrears and the FRO wants to pull his drivers Lic. Hes granted a chance to bring his motion to court. In mid Nov he brings the motion to vary cs and files late and only at that time provides a pathetic list of where he has been looking for work and the judge sets cs bases his income on his EI amount gives him a walk and does not set ongoing support amount! And i pay 2000 in his court costs since this could have been avoided...What happened to the disclouser he never gave???? And how can I settle without the disclouser?? He now has a credit with FRO for almost 4500...Do you think the system works here! He never sees the kids, has never paid a dime of extraordinary expenses and did not follow one thing in the settlement and that includes 4 weeks of summer vacation he was to have the kids and never took them so guess who had to pay for the camp for 2 for 4 weeks for the past two years! Does he have a credit with FRO or will they make me pay that too??
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Old 11-28-2009, 02:20 AM
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Its actually so nice to hear from the Dads on this forum who want to spend time with their children. It makes me feel good to know there are good Dads out there but at the same time I'm sad because I wish my ex would spend more time or at least make the effort.
"
Quote:
Anyway, long story short, he applied for a withdrawal of support in Nov 08, which I agreed to because he said he had lost his job. But in the papers I was served it said he lost his job in April of 2008 - I didn't know this. Now he wants me to pay him back all of the support from April - November 2008, even though he never advised me or FRO back in April and he continued to pay every month."
I too am in the same situation only my ex never lost his job...he just doesn't want to pay the table amount so he shaves off as much income for expenses as he possibly can to bring down his income so he doesnt have to pay as much. He is dragging me through court for a CS reduction and he's asking for CS money back that he feels he's overpaid for the last 2 years.
The saddest part of this whole thing is how often I have to tell my children I don't have the money for tuition to help them out or clothes they need b/c they've grown out of the ones they have. And I refuse to tell them their Dad doesn't pay support ....their relationship can be tenuous with him at best and i don't want to make things worse.
Anyway...Im going to court the 2nd week in Dec. so I'll post a message with the outcome.
  #19 (permalink)  
Old 11-28-2009, 08:50 AM
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I don't have the money for tuition to help them out or clothes they need b/c they've grown out of the ones they have.
How old are your kids?
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Old 11-29-2009, 08:21 AM
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lulu45, how did yours move so quickly?. I filed for motion to vary in march and there has been CC and cc and filnally we are coming up to motion, lost job earnings in dec of last year
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