Financial Hardship not fighting for more Access time, trying not to lose what I have.

[ScaredandConfused]

Can someone be forced out of their access time, due to the financial hardship? I have 50/50 access for 2 years, due to the burden of debt from prolonged litigation, and failure to even be able resolve financials since the date of separation, I can no longer afford to provide basic necessities for our children. There is no primary care identied, but when I move with family and friends the children school will change as it is in my catchment area. The judge had ruled a C/S order during a conference without any transparency of the finanical situation, that has essentially pushed me and the children out on the street. I am limited by the social assistance as I am employed full time and everyone looks at gross not net so I do not qualify.

My alternative residence is outside of our mobility clause, and the other side is unfortunately sensing defeat (no one is winning) and is not cooperating, my focus is on another transition on the children, how will the children precieve that I am giving up my time with them, we've been following this routine and have established friends in the area for so long, the other party is focused on "how much more money can they get"? They never once asked how we can make this work in order to maintain consistency for our children.
Has anyone heard or has been starved out of access? As I'm still shaking my head, I've gone to finanical consultants they are recommending bankruptcy, but even that will not cover monthly basic necesseties after support and child care, and support my children 50 percent of the time.

[NBDad]

Support is offset amount? Do you collect the cctb as a shared arrangement? Childcare to work is a valid section 7 expense and should be split pro rata to income. Is all that currently being done?

[ScaredandConfused]

No CCTB has been taken solely by the ex, I pay half or more of section 7. The judge realized that his quick decision was made on emotion, they are very good playing that card... and although it was identified that the impact of the decision had a huge impact on one party, refused to withdraw the decision. The only alternative was to have the order staggered back, but this will be too little too late.
My concern is warranted I need to provide a response on what needs to be done regarding access based on current circumstances...
Question - if I need to give up access just because I can't afford to care for my children, how hard will it be to get it back? I don't qualify for legal aide, and I have no money to afford a lawyer...

[shellshocked22]

With respect to CCTB, my understanding is that if you have 50% custody the CCTB MUST be split evenly between the parents. Now, the amount of the CCTB for each parent will vary depending upon that parent's income. While anything is possible in family law, the general rule of thumb is that Revenue Canada has its own rules and its rare for a court to override it in this type of situation. That is, my understanding is that Revenue Canada isn't bound (and usually won't) a judge's decision to NOT split CCTB in case of 50/50 custody.

I'm guessing there's a very good chance you should be able to get a RETROACTIVE CCTB payment owing you back to when you first got kids 50% of the time (mind you they will debit your other spouse who inappropriately got your half but that's there problem lol).

Google CCTB calculator and it will show you, based on your situation, how much you should be getting. You MAY be entitled to a nice little windfall.....

I would suggest talking to either Revenue Canada about it or a good accountant. If money is tight, try Revenue Canada directly. I'm sure they willl likely need a copy of your SA showing 50% custody.

As for getting back access to children once you lose it - again, anything is possible but chances are it will be an uphill battle since now you're dealing with "status quo" which is a powerful factor and not easily over ridden.

Good Luck !