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  • do I have a chance

    The story
    After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
    She has gone on short term disability.
    She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
    well our Son was in her care he was sexually assaulted by her nephew.

    I have not made daycare subsidy payments to her at all
    But I was willing to pay the daycare directly.
    She would not agree.
    She has always claim him on taxes so she would not lose her subsidy.
    I don't think the government knows that the child is with me half time.

  • #2
    Originally posted by The Fool View Post
    The story
    After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
    She has gone on short term disability.
    She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
    well our Son was in her care he was sexually assaulted by her nephew.

    I have not made daycare subsidy payments to her at all
    But I was willing to pay the daycare directly.
    She would not agree.
    She has always claim him on taxes so she would not lose her subsidy.
    I don't think the government knows that the child is with me half time.
    If your son was sexually assaulted, call the police and CAS. That is the most important thing to deal with, your son's well being.

    You aren't married to her anymore, you cannot control who she is in a relationship. It isn't material to how much support you pay. You can't control what she puts on her taxes.

    If you have the child 50/50, then who claims him for all the tax credits?

    I would not budge on 50/50.

    Is she claiming daycare for the time when she is on disability?

    Comment


    • #3
      I am thinking that it matters what she claims on her taxes because they use the offset CS method due to the 50-50 arrangement.

      I am also thinking that she wants to change to her having him full time so she gets more CS money. Going on disability is probably an income drop for her, so she's floundering around for ways to get more money.

      Because she wants to change from a three-year status quo, the onus is on her to prove that this change would be in the best interest of the child. Unless she can prove that to you, don't agree to any changes. If you don't agree to changes, she'll have to take you to court, where she'll need to prove to a judge that it's in the child's best interests to be with her more.

      Also, if she's claiming the child full time to CRA when she shouldn't be, send in your proof to CRA that you have the child half the time, and they will eventually give you your share of the tax credits you missed and she'll end up owing them money back (there are a few threads around here about how to do that). I can see how you might want her to get the daycare subsidy so that daycare fees are less for both of you, but technically, it's fraud.

      Lastly, see if you can have her income imputed to the proper amount. Find out how much rent she collects from her tenants and add that onto her line 150 for CS calculation purposes. It's between her and CRA if she lies on her taxes, but her CS should be based on the proper amount of her income.

      Comment


      • #4
        She did call the police.

        we were never married.

        she gets all tax credits because she's been claiming him,
        she did not want me to claim him because she would lose her subsidy.

        And I have txt messages about her wanting to harm herself.

        Comment


        • #5
          Originally posted by The Fool View Post
          She did call the police.

          we were never married.

          she gets all tax credits because she's been claiming him,
          she did not want me to claim him because she would lose her subsidy.

          And I have txt messages about her wanting to harm herself.
          What was the result of the police call? Has your child been in counselling?

          As previously mentioend, you should be getting half those benefits, you should look into those threads.

          About harming herself, you have to make your own decisions. But when my son, who has mental health issues, talks about harming himself, we go to the hospital. We don't leave until he has been seen by a psychiatrist. If your child was with her when she is threatening to harm herself, I would be calling the police.

          Comment


          • #6
            Originally posted by The Fool View Post
            ...
            After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend...
            Do you have a current court order or signed agreement right now, that outlines this 50/50?

            Comment


            • #7
              Originally posted by The Fool View Post
              She did call the police.

              we were never married.

              she gets all tax credits because she's been claiming him,
              she did not want me to claim him because she would lose her subsidy.

              And I have txt messages about her wanting to harm herself.
              Anytime you get a text like this you need to call 911. You can never know if it's the truth or a lie.

              Comment


              • #8
                Yes the child is getting help.

                its a verbal 50/50 agreement

                Comment


                • #9
                  Are you still following 50/50 access?

                  Comment


                  • #10
                    Originally posted by The Fool View Post
                    The story
                    After 3yrs of 50/50custody she wants him full time and make all decisions. I'll have him every other weekend.
                    Tell her no

                    Originally posted by The Fool View Post
                    She has gone on short term disability.
                    Not relevant but might be why she wants more time as it means more money

                    Originally posted by The Fool View Post
                    She is in common law relationship that's been on and off for two and a half years, her boyfriend has never moved out, her boyfriend income does not show on her taxes ,her and her boyfriend moved 2 times 1yr and rented out her house which does not show on her taxes.
                    Irrelevant.

                    Originally posted by The Fool View Post
                    well our Son was in her care he was sexually assaulted by her nephew. '
                    What evidence do you have of this?
                    Did you call the police?
                    Was CAS involved?
                    Did you take the child to the doctors?

                    Originally posted by The Fool View Post
                    I have not made daycare subsidy payments to her at all
                    But I was willing to pay the daycare directly.
                    She would not agree.
                    Did she say why she didn't agree?

                    Originally posted by The Fool View Post
                    She has always claim him on taxes so she would not lose her subsidy.
                    I don't think the government knows that the child is with me half time.
                    So tell the government the child is with you half the time..

                    Although once you do they are going to want a "written" agreement from you.

                    Comment


                    • #11
                      I still have access.
                      But she did threatened to hold him for money

                      Comment


                      • #12
                        She called me and told what happened and I've been to the therapist
                        She served me with papers 2 weeks ago.
                        Do they calculate daycare subsidy by household incom?
                        Last edited by The Fool; 05-08-2014, 10:52 AM. Reason: typo

                        Comment


                        • #13
                          Originally posted by The Fool View Post
                          She called me and told what happened and I've been to the therapist
                          She served me with papers 2 weeks ago.
                          Do they calculate daycare subsidy by household incom?
                          What papers? A court application?

                          I don't know anything about subsidies.

                          Comment


                          • #14
                            Originally posted by The Fool View Post
                            She called me and told what happened and I've been to the therapist
                            She served me with papers 2 weeks ago.
                            Do they calculate daycare subsidy by household incom?
                            You should be asking for the police report and any relevent material. You are an equal parent.

                            Daycare subsidy is a section seven expense, so its proportionate to income. If your income is $50,000 and hers is $25,000 you would be paying 2/3 of the cost. BUT daycare comes with some tax credits, so you should be paying 2/3 of the NET cost to her (cost - tax credit=net).

                            You need to document your 50/50 access as she may try to claim it isn't so to establish a status quo of something less. Document the dates you've had him, appointments you've gone to, events you have taken him to etc. Be prepared.

                            Comment


                            • #15
                              The papers she filed with the courts show we have a verbal 50/50 agreement.
                              she is going for best interest for the child.

                              One of the last time we talked she said that her boyfriend was moving out.
                              Last edited by The Fool; 05-08-2014, 11:19 AM. Reason: added

                              Comment

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