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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 04-28-2010, 02:52 PM
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Thumbs down CCTB - Disappointed with CRA

I have been living common law with my bf for almost 3 years, and we have had at least 80% custody since the beginning.

The ex has been collecting and happily cashing the CCTB each month, and spending it on everything BUT the kids.

When we went down to the CRA in person, (more than once), he has been told that his ex needs to sign a mutual form in order to have the CCTB switched over to come to us.

Mind you, given our collective income, we may not even be eligable for it, but that is not the point.

She has also been claiming the kids as dependants on her tax return.

Unfortunately she has been unwilling to sign any custody agreement, I'm guessing because she is afraid of the child support that will follow.

A judge has told her she needs to get a lawyer in order for us to proceed with a custody hearing, due to several complications with our case. (mainly lies and BS she keeps feeding in an attempt to prolong this). She has refused to see a lawyer and the situation has gone no where.

I am disgusted that the CRA doesn't even care that someone is scamming them.

It feels like they have a bias towards women, whom they clearly favor. Giving them the primary residance of the children isn't enough for them, they need HER signature. good luck.
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Old 04-28-2010, 03:03 PM
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If it was me - I would focus on the formal custody issue -- de facto primary residence demonstrating acquired consent of the other parent --- The secondary eligibility issues such as CTTB and CCRA deductions flow therefrom.
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Old 04-28-2010, 05:19 PM
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Thank you, I agree about focusing on the formal custody.

We have just been having a hard time finalizing. We have had two separate agreements drafted, one even where she had 50% custody, but she has refused to sign anything - out of spite.

Family court didn't work either - the judge told her she needed a lawyer because our situation is quite complicated. She won't get one.

We are going broke caring for these kids and trying to pay for lawyers - who seem to be doing nothing for us.

Their mother makes 45k a year (that's what she was making 3 years ago during the separation). I imagine it's more now. She has never paid us a penny.

We are going to file for custody / child support next week and if that doesn't work, I am going to lose all faith.
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Old 04-28-2010, 07:10 PM
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Once you file your application, it is a lot easier to get separate motions. Very early on, you should make a motion to have your custody acknowledged, and point out it is for the purposes of tax returns and CCTB, and in your affidavit point out the ex's refusal to co-operate.

I think Logical Velocity has a good point, focus on one battle at a time and prioritize. Ideally the CRA would have been more responsive. There are some different avenues you can take, for example a letter to your member of parliament asking for assisstance. The MP can't interfer directly, but the constituancy office will usually help you through the beaureaucracy.
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Old 04-28-2010, 07:36 PM
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You are wrong about bias at the CRA. T

File the application for the CTB, RC66, found at RC66 - Canada Child Benefits Application. Quit dilly dallying with the ex and file the damn form. When, not if, she contests it the CRA will commence an investigation that roots out the children's living arrangements by having you submit independant, third party objective evidence.

I have done this for my self and many many clients. Trust me, I know how it works. You're mistakes were waiting on the ex's cooperation and relying on the CRA agent to properly inform you, which he/she didn't. There are lots of cases where primary residence is argued by both parents. You aren't the first.

As far the judge adivising you that she needs a lawyer, well what have you done to push the matter forward? Book a settlement conference and if she shows up without one, implore the judge to hear the matter, order her to get a lawyer, or push the matter towards trial. You're mistake here is that you allowed her to play the delay game. If she refuses to cooperate in settlement, you push the matter towards trial. Eventually she will cave.

Sorry to be so blunt, but have allowed this situation to develop. Why the hell you have allowed her to continue to collect the CTB under these circumstances is way way beyond me.

Last edited by dadtotheend; 04-28-2010 at 07:41 PM.
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Old 04-28-2010, 07:49 PM
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^ Listen to him. Good advice.
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Old 04-29-2010, 01:45 PM
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Quote:
Originally Posted by dadtotheend View Post
You are wrong about bias at the CRA. T

File the application for the CTB, RC66, found at RC66 - Canada Child Benefits Application. Quit dilly dallying with the ex and file the damn form. When, not if, she contests it the CRA will commence an investigation that roots out the children's living arrangements by having you submit independant, third party objective evidence.

I have done this for my self and many many clients. Trust me, I know how it works. You're mistakes were waiting on the ex's cooperation and relying on the CRA agent to properly inform you, which he/she didn't. There are lots of cases where primary residence is argued by both parents. You aren't the first.

As far the judge adivising you that she needs a lawyer, well what have you done to push the matter forward? Book a settlement conference and if she shows up without one, implore the judge to hear the matter, order her to get a lawyer, or push the matter towards trial. You're mistake here is that you allowed her to play the delay game. If she refuses to cooperate in settlement, you push the matter towards trial. Eventually she will cave.

Sorry to be so blunt, but have allowed this situation to develop. Why the hell you have allowed her to continue to collect the CTB under these circumstances is way way beyond me.
Blunt is lovely. I appreciate the link and I will take your advice.

If anyone has been dilly-dallying, it's my damn BF. Trust me, I have been trying to get him to take care of this forEVER.

I will file that form, why the CRA didn't give us that option any of the times we went down there is beyond me.

As for the lawyer bit, the judge told her directly that she needed one. She has seen a lawyer, who eventually recommended us to use "divorce coaches" instead, as it would be cheaper. She failed to pay her divorce coach for the starting sessions and now we are stuck there. She also admitted to owing her lawyer thousands.

Clearly there is nothing we can do now except try to pursue the matter in court. Which is just what we intend to do.

Thanks.
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Old 04-29-2010, 02:26 PM
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On that form, it says this:

"If the male parent is primarily responsible, he can apply if he attaches a signed note from the female parent to his application"

Now, it isn't clear whether that is only if you are living together. This is exactly what they have been telling us though - they need her signature.

Disgusting.

We will apply regardless, without the signature, and I will cross my fingers that they at least commence some type of investigation.
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Old 04-29-2010, 09:48 PM
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Quote:
Originally Posted by Lanfear View Post
Now, it isn't clear whether that is only if you are living together. This is exactly what they have been telling us though - they need her signature.
Yes it is clear.

The full statement reads:

"For CCTB purposes, it is presumed that when both a male and a female parent live in the same home as the child, the female parent is considered to be primarily responsible...for the child and should apply. However, if the male parent is primarily responsible, he can apply if he attaches a signed note from the female parent to his application, which states that the male parent is primarily responsible for all of the children in the household"

That whole statement is predicated on the parents living together and deals with the presumption that the mother is the primary caregiver in nuclear families. If the parents are together and Dad is the primary caregvier, the form simply requires that they both submit that Dad is the primary caregiver.

But the parents don't live together. Mom's signature is not required.

At the bottom of the form where the applicant's and the spouse's signature are required, you have to sign, not the ex, assuming of course that you and your BF are filing your income tax as common-law as required under the Income Tax Act.

Pally, this is what I do for a living. I know what I'm saying.

Last edited by dadtotheend; 04-29-2010 at 10:00 PM.
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Old 05-01-2010, 12:39 PM
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It's a common misconception that both bio parents are required to sign the form to change the CCTB payment arrangements. It's totally NOT the case, though if you have both signatures and your ex has actually bothered to keep the CRA informed as to her contact information it'll go a LOT faster. I lacked both a signature and an ex who had correct contact info, my application took 4 months to process. (They will typically attempt to contact your ex multiple times to try to confirm the arrangements)

Believe me, been there done that. Dadtotheend is 100% right on the money. Take the form, fill it out, and attach as much supporting documentation as possible to show the custody situation. (ie. School contact information for the kids, letters from teachers, pastor's etc that can attest to the existing custody status. Write a letter to go along with it explaining the situation.)

You MIGHT be able to push for a retro active payment if she's been collecting the payments and not had the children, but unless you have hard and fast evidence it's a long shot. Typically what happens is they'll simply switch it over right away.
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