Announcement

Collapse
No announcement yet.

Sole,Joint,Shared Custody and Child Support

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sole,Joint,Shared Custody and Child Support

    Hello,

    As i work myself through the myriad of ridiculous family law act and rules, i find myself frustrated in interpreting the following and the differences and how they can affect me.

    By definition "custody" is supposed to mean "decision making" but what does it all mean when it comes to figuring out Child Support.

    1. Sole Custody: One Parent has the authority to make all the important decisions in the child's life.

    2. Joint Custody: Both Parents can have the authority to make the important decision in the child's life

    3. Shared Custody: Apparently this has nothing to do with "decision making" and all to do with how much time each parent has. As an example if one parent has 40% of the time in a year and the other has 60% then the parent with the 40% is said to have "shared custody".

    With all that said, i'm still confused and maybe im just getting caught up on the term "custody"

    Questions:

    1. If one parent has Sole custody but the time is shared 50/50, does that mean that the parent with sole custody is said to "shared custody"? and by definition can she/he still make "decisions" for the child? --- In this scenario what does child support look like?

    2. If the parents have Joint Custody and the time is shared 40/60 does it mean that both parents are said to have "shared custody"?

  • #2
    You are confusing access with custody. Put simply:

    - Custody determines who makes decisions and can have tax implications.

    Joint/shared custody means you make the decisions "together" and if one person refuses you may come to a stalemate, or need to seek other advice. Usually you work together on the major things like school, health, etc. Then you make the minor decisions when the child is in your care...ie: child has fever take to emergency or give tylenol and rest.

    For joint/shared custody you also need to negotiate the tax implications. Only one of you can claim as equivalent to spouse and according to CRA it is the spouse who does not pay support. However, if offest it used you both "technically" pay support, so you need to negotiate this. Likewise the Child Tax Credit each month.

    Sole custody means one parent makes all the decisions...period. They also claim the child 100% for all tax purposes.

    - Access has to do with how much time each parent spends with the child(ren). This is what is used to determine child support.

    If one parent has less than 40% access they are responsible for full table amount of support.

    40/60 or 50/50 means both parents incomes are taken into account and "offest" each other for support.

    You can have sole custody with 50/50 access...or joint custody with less than 40% access.

    Comment


    • #3
      Originally posted by MiViLaLoco View Post
      You are confusing access with custody. Put simply:

      - Custody determines who makes decisions and can have tax implications.

      Joint/shared custody means you make the decisions "together" and if one person refuses you may come to a stalemate, or need to seek other advice. Usually you work together on the major things like school, health, etc. Then you make the minor decisions when the child is in your care...ie: child has fever take to emergency or give tylenol and rest.

      For joint/shared custody you also need to negotiate the tax implications. Only one of you can claim as equivalent to spouse and according to CRA it is the spouse who does not pay support. However, if offest it used you both "technically" pay support, so you need to negotiate this. Likewise the Child Tax Credit each month.

      Sole custody means one parent makes all the decisions...period. They also claim the child 100% for all tax purposes.

      - Access has to do with how much time each parent spends with the child(ren). This is what is used to determine child support.

      If one parent has less than 40% access they are responsible for full table amount of support.

      40/60 or 50/50 means both parents incomes are taken into account and "offest" each other for support.

      You can have sole custody with 50/50 access...or joint custody with less than 40% access.
      Sole custody means one parent makes all the decisions...period. They also claim the child 100% for all tax purposes. --- Not true. person to claim child is the one with whom child live 40% at least and has lower income

      Comment


      • #4
        Originally posted by Storm View Post
        Sole custody means one parent makes all the decisions...period. They also claim the child 100% for all tax purposes. --- Not true. person to claim child is the one with whom child live 40% at least and has lower income
        WTF are you smoking? You're implying the persone who has the child 40% of the time gets 100% of the tax breaks while the person who has the child 60% of the time does not?

        Comment


        • #5
          Originally posted by Storm View Post
          Sole custody means one parent makes all the decisions
          This is correct. Or, rather, one parent has the authority to make all the decisions; a good parent will always consult the other (assuming that the other is a compentent adult).

          Originally posted by Storm View Post
          They also claim the child 100% for all tax purposes. --- Not true. person to claim child is the one with whom child live 40% at least and has lower income
          Huh? I'm having a little trouble wrapping my head around this statement.

          At any rate, for income tax purposes it is residency that matters -and this is something that can be worked out advantageously between smart adults.

          Cheers!

          Gary

          Comment


          • #6
            Originally posted by blinkandimgone View Post
            WTF are you smoking? You're implying the persone who has the child 40% of the time gets 100% of the tax breaks while the person who has the child 60% of the time does not?
            She is not smoking. She just "like that"

            As for who claim. I did not have a chance to clear this out for my self but not even talking about % I would like an idea when parents can decide base on financial advantage.

            for example one parent make $55k another on Ontario Works. One who make $55k can get back $2000-2500 and other one nothing....

            Would it obvious who should claim? Would it be better to get 2k and put it towards child or just gave it out ...

            ***
            I understand that they should met CRA conditions to be eligible to claim depended. But after they both eligible choice are obvious IMHO.

            Comment


            • #7
              [QUOTE=Gary M;79833]This is correct. Or, rather, one parent has the authority to make all the decisions; a good parent will always consult the other (assuming that the other is a compentent adult).



              Huh? I'm having a little trouble wrapping my head around this statement.

              At any rate, for income tax purposes it is residency that matters -and this is something that can be worked out advantageously between smart adults.

              Cheers!


              Yes, and that what I mean , residence, but also if residence 50/50 one with lower income claims child. It is also that you can claim ONLY one child at the time

              Comment


              • #8
                Originally posted by blinkandimgone View Post
                WTF are you smoking? You're implying the persone who has the child 40% of the time gets 100% of the tax breaks while the person who has the child 60% of the time does not?
                What I mean , residence is not all it meter . If you have 40 in time and lower income you can claim, but one with 60% have better chances here, but also if residence 50/50 ,one with lower income ,claims child. It is also that you can claim ONLY one child at the time

                Comment


                • #9
                  Originally posted by WorkingDAD View Post
                  She is not smoking. She just "like that"

                  As for who claim. I did not have a chance to clear this out for my self but not even talking about % I would like an idea when parents can decide base on financial advantage.

                  for example one parent make $55k another on Ontario Works. One who make $55k can get back $2000-2500 and other one nothing....

                  Would it obvious who should claim? Would it be better to get 2k and put it towards child or just gave it out ...

                  ***
                  I understand that they should met CRA conditions to be eligible to claim depended. But after they both eligible choice are obvious IMHO.

                  To be eligible to claim you should have child at least 40%, if 50/50, than lower income claims, and you can claim ONLY one child

                  Comment


                  • #10
                    Originally posted by Gary M View Post
                    This is correct. Or, rather, one parent has the authority to make all the decisions; a good parent will always consult the other (assuming that the other is a compentent adult).



                    Huh? I'm having a little trouble wrapping my head around this statement.

                    At any rate, for income tax purposes it is residency that matters -and this is something that can be worked out advantageously between smart adults.

                    Cheers!

                    Gary


                    Yes, and that what I mean , residence, but also if residence 50/50 one with lower income claims child. It is also that you can claim ONLY one child at the time

                    Comment


                    • #11
                      Originally posted by Storm View Post
                      Yes, and that what I mean , residence, but also if residence 50/50 one with lower income claims child. It is also that you can claim ONLY one child at the time
                      No, this is bullshit. Either parent can claim the child, but not both in the same year. It doesn't matter who has the lower income. Level of income does not matter, it doesn't affect who can claim the child.

                      The eligible dependent (equivalent to spouse) only applies to one child, but there is a further amount for children born after (currently) 1993. A parent can claim more than one child for this amount.

                      The amount for eligible dependent is calculated to give a non-refundable tax credit. It will end up giving the same credit to someone earning 100k as it does to someone earning 30k, the same situation as the basic personal amount. At very low incomes, like if a parent is on Ontario Works, it won't yield any return since it is a non-refundable credit; if you aren't paying any level of tax already, it won't increase your refund.

                      Comment


                      • #12
                        [QUOTE=Mess;79844]
                        Originally posted by Storm View Post
                        No, this is bullshit. Either parent can claim the child, but not both in the same year. It doesn't matter who has the lower income. Level of income does not matter, it doesn't affect who can claim the child.

                        The equivalent to spouse only applies to one child, but there is a further amount for children born after (currently) 1993. A parent can claim more than one child for this amount.

                        The amount for eligible dependent is calculated to give a non-refundable tax credit. It will end up giving the same credit to someone earning 100k as it does to someone earning 30k, the same situation as the basic personal amount. At very low incomes, like if a parent is on Ontario Works, it won't yield any return since it is a non-refundable credit; if you aren't paying any level of tax already, it won't increase your refund.

                        I would really sugest more reading on this topic , you wrong here. If child leave with one parent more- that parent it claiming. If 50/50 both can do, but on every tax return said person with lower income should and there clearly said ONLY one child

                        Comment


                        • #13
                          Can you claim the amount for an eligible dependant? <!-- InstanceEndEditable --><!-- CONTENT TITLE ENDS | FIN DU TITRE DU CONTENU -->
                          You were single, divorced, separated or widowed and supported a dependant who lived with you in a home that you maintained at any time in the tax year.

                          The dependant you supported was:
                          • your parent or grandparent by blood, marriage, common-law partnership, or adoption; or
                          • your child, grandchild, brother, or sister, by blood, marriage, common-law partnership, or adoption and either under 18 years of age or mentally or physically impairment.
                          None of the following situations applied:
                          • The dependant's net income is $10,382 or more.
                          • You are claiming a spouse or common-law partner amount on line 303.
                          • The person for whom you want to claim this amount is your common-law partner.
                          • Someone else in your household is making this claim. Each household is allowed only one claim for this amount, even if there is more than one dependant in the household.
                          • You were separated from your spouse or common-law partner for all of 2010 due to a breakdown in your relationship and you are required to make support payments for this child for 2010.
                          • Note
                            If you and another person were required to make support payments for the child for 2010 and, as a result, no one would be entitled to claim the amount for an eligible dependant for the child, you can still claim this amount provided you and the other person(s) paying support agree that you will be the one making the claim. If you cannot agree on who will claim this amount for the child, neither of you can make the claim.
                          Line 367 - Amount for children born in 1993 or later
                          Line 367 - Amount for children born in 1993 or later <!-- InstanceEndEditable --><!-- CONTENT TITLE ENDS | FIN DU TITRE DU CONTENU --><!-- InstanceBeginEditable name="Main content" -->
                          You can claim $2,101 for each of your or your spouse's or common law partner's children who are under 18 years of age at the end of the year.
                          The full amount can be claimed in the year of the child's birth, death, or adoption.
                          Child lives with both parents

                          If the child resides with both parents throughout the year, either you or your spouse or common-law partner can make the claim.
                          Notes
                          If you are making this claim for more than one child, either you or your spouse or common-law partner must make the claim for all children under 18 years of age at the end of the year and resided with both of you throughout the year.
                          Child does not live with both parents

                          If the child does not reside with both parents throughout the year, the parent or the spouse or common-law partner who claims the amount for an eligible dependant (see line 305) for that child, can make the claim.
                          Note

                          You can still claim this amount for the child if you were unable to claim the amount for an eligible dependant only because:
                          • the child's net income was more than $10,382, or
                          • you are already claiming the amount for an eligible dependant for another child.
                          Shared custody of a child

                          If you have shared custody of the child throughout the year, the parent who claims the amount for an eligible dependant (see line 305) for that child, can make the claim.
                          If you have shared custody of the child throughout the year but cannot agree who will claim the amount, neither one of you can make this claim.
                          If you and another person were required to make support payments for the child in 2010 and, as a result, no one would be entitled to claim either this amount or the amount for an eligible dependant for the child, you can still claim this amount providing you and the other person(s) paying support agree you will be the one making the claim. If you cannot agree who will claim this amount for the child, neither of you can make the claim.

                          Comment


                          • #14
                            Ok Mess
                            Looks like you got herpes... What you going to do now?

                            Comment


                            • #15
                              Originally posted by Storm View Post


                              I would really sugest more reading on this topic , you wrong here. If child leave with one parent more- that parent it claiming. If 50/50 both can do, but on every tax return said person with lower income should and there clearly said ONLY one child
                              I suggest to take a course in critical thinking and literacy.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X