I have joint custody of my daughter. Back when the order was near being settled on, the ex's lawyer threw in a clause saying CCTB will be paid to Mom.
I know it was Mom who insisted on throwing that in, right before we were ready to sign, because she knows I share CCTB with my other child's mom. When it came to my daughter, I guess she was not agreeable to it working the same way with her. I told my lawyer at the time, that I don't think that's right, as I have child care expenses too, and we have joint custody with my daughter being with me much of the time as well, but he sided with the ex on that one, saying "mom" always gets it - that's the rule, and I should just forget about it. He didn't seem too aware of the newer shared eligibility CCTB polices with CRA at the time. (I wish I had found these forums back then...as I know my lawyer should have done a few things more, for my agreement). When I showed him the shared eligibility stuff afterwards, then he simply thought Mom would argue on it anyway, and say that she has our daughter much more time, since she was a baby then.
Anyway, I just wanted to sign, and get the ordeal over with at the time, since my lawyer was not going to help me on that, and I was getting "joint custody" with an order, that I thought would have some teeth behind it, for making sure my access happened as it should.
So I have a joint custody order, that says Mom is to get CCTB.
So, for the last 3 to 4 years, that's how it's been. I have my daughter a good 40% at least, likely a bit more than that, when I factor in holidays and such. I pay full table support.
During these 4 years, I have had numerous issues with "mom" ignoring parts of our order (she's never exchanged tax returns, I give her mine each year; interferring with access, hostile communication in general, including future threats of court to me, etc. Some of which, I have posted here.
I've stuck to our order on my part, to the T, because I wanted to be able to say "I follow our agreement" if it ever came to court. And I have. And I figured, if I applied for the CCTB, she would argue and fight over it, saying that she has daughter more time. And then of course, it's a clause in our order.
I've dealt with "shared eligibility" before, and have talked to CRA, and they have told me I should be getting the CCTB as well (I didn't give them my name, as I didn't want them to start enforcing that right away - at the time, I was trying to keep the peace). They also advised me, that they are not bound by court orders - they simply use them in aiding with their decision. My daughter is also in school now too, so that means she is there, and not with mom or me, during those times. I think that evens out our time even more in this case.
The CCTB is supposed to follow the child, and our child also lives with me.
I haven't rocked the boat with the ex on this, during this last while, because I wasn't sure how the clause in our order would affect me, and I was always keeping the peace. That doesn't help though.
Given the other order issues she has been causing the past while, I wonder it it would be good to pursue the CCTB now. We'll be in court at some point, I'm sure, as the issues never get addressed. I would like the CCTB to be shared, as I'm the one who signs our daugter up for activities and such too, which Mom has not been splitting on. Swimming lessons, ballet, etc. Those are extra funds, I can be using for my daughter, for the purpose they are meant for.
If CRA was to start sharing the CCTB, would a judge slam me, on our order? Can they even? I wonder, if this should be part of a motion, to update our order, as our order needs updating anyway with the other issues I have run into.
I know it was Mom who insisted on throwing that in, right before we were ready to sign, because she knows I share CCTB with my other child's mom. When it came to my daughter, I guess she was not agreeable to it working the same way with her. I told my lawyer at the time, that I don't think that's right, as I have child care expenses too, and we have joint custody with my daughter being with me much of the time as well, but he sided with the ex on that one, saying "mom" always gets it - that's the rule, and I should just forget about it. He didn't seem too aware of the newer shared eligibility CCTB polices with CRA at the time. (I wish I had found these forums back then...as I know my lawyer should have done a few things more, for my agreement). When I showed him the shared eligibility stuff afterwards, then he simply thought Mom would argue on it anyway, and say that she has our daughter much more time, since she was a baby then.
Anyway, I just wanted to sign, and get the ordeal over with at the time, since my lawyer was not going to help me on that, and I was getting "joint custody" with an order, that I thought would have some teeth behind it, for making sure my access happened as it should.
So I have a joint custody order, that says Mom is to get CCTB.
So, for the last 3 to 4 years, that's how it's been. I have my daughter a good 40% at least, likely a bit more than that, when I factor in holidays and such. I pay full table support.
During these 4 years, I have had numerous issues with "mom" ignoring parts of our order (she's never exchanged tax returns, I give her mine each year; interferring with access, hostile communication in general, including future threats of court to me, etc. Some of which, I have posted here.
I've stuck to our order on my part, to the T, because I wanted to be able to say "I follow our agreement" if it ever came to court. And I have. And I figured, if I applied for the CCTB, she would argue and fight over it, saying that she has daughter more time. And then of course, it's a clause in our order.
I've dealt with "shared eligibility" before, and have talked to CRA, and they have told me I should be getting the CCTB as well (I didn't give them my name, as I didn't want them to start enforcing that right away - at the time, I was trying to keep the peace). They also advised me, that they are not bound by court orders - they simply use them in aiding with their decision. My daughter is also in school now too, so that means she is there, and not with mom or me, during those times. I think that evens out our time even more in this case.
The CCTB is supposed to follow the child, and our child also lives with me.
I haven't rocked the boat with the ex on this, during this last while, because I wasn't sure how the clause in our order would affect me, and I was always keeping the peace. That doesn't help though.
Given the other order issues she has been causing the past while, I wonder it it would be good to pursue the CCTB now. We'll be in court at some point, I'm sure, as the issues never get addressed. I would like the CCTB to be shared, as I'm the one who signs our daugter up for activities and such too, which Mom has not been splitting on. Swimming lessons, ballet, etc. Those are extra funds, I can be using for my daughter, for the purpose they are meant for.
If CRA was to start sharing the CCTB, would a judge slam me, on our order? Can they even? I wonder, if this should be part of a motion, to update our order, as our order needs updating anyway with the other issues I have run into.
Comment