Increasing access time? Unfair?

[calvinfive]

The eligible dependent credit can be split for shared physical custody and you have to have it in your agreement. Some people on here have wording that says something like dad will claim the credit in even numbered years and mom in odd years. As CRA does not accept it without something in the agreement. You can search the forum for that.

No it doesn't. See my post above. For further clarity, it's not even odd or even numbered years. I get it every month, every year. It's based on previous years NOA.

CRA doesn't need it in the agreement. The only thing CRA needs is proof you have shared custody IF ex opposes it.

Don't even argue this one with me a father who is getting child tax benefits.

[rockscan]

As a father who get's the child tax benefits, I can advise you have no clue what you are talking about! I don't have that in my agreement, at all, and I still get the tax benefits.



All you do is go to the online CRA site, make a claim that you have the child at least 40% of the time, and that's it. If they ask for evidence or your ex denies it, you just present your parenting plan.



It has NOTHING to do with section 7 expense. Also, it is NOT considered income of any sort. It's a tax free BENEFIT.

There are several posts on this forum about CRA denying the eligible dependent and how it has to be worded in your agreement. Stop giving out bad advice.

[rockscan]

Normally the person with custody is allowed to claim all tax benefits. Any benefits that “reduce” the cost of an expense are to be subtracted from the expense.

Example: your ex can claim the eligible dependent credit as the child lives with her. If she claims daycare costs, she would be able to claim daycare on her taxes. Let’s say the annual cost is $5000 and she receives a $300 tax benefit. You would split the $4700 cost rather than the $5000.

The eligible dependent credit can be split for shared physical custody and you have to have it in your agreement. Some people on here have wording that says something like dad will claim the credit in even numbered years and mom in odd years. As CRA does not accept it without something in the agreement. You can search the forum for that.

[calvinfive]

Note that if you don’t have it in your agreement to claim the eligible dependent every other year you DON’T get tax benefits from the government. They are considered within the split of section 7 via the “net cost” calculation. The tax benefit comes off the gross amount which is then calculated according to %.

As a father who get's the child tax benefits, I can advise you have no clue what you are talking about! I don't have that in my agreement, at all, and I still get the tax benefits.

All you do is go to the online CRA site, make a claim that you have the child at least 40% of the time, and that's it. If they ask for evidence or your ex denies it, you just present your parenting plan.

It has NOTHING to do with section 7 expense. Also, it is NOT considered income of any sort. It's a tax free BENEFIT.

[Googlelawstudent]

Note that if you don’t have it in your agreement to claim the eligible dependent every other year you DON’T get tax benefits from the government. They are considered within the split of section 7 via the “net cost” calculation. The tax benefit comes off the gross amount which is then calculated according to %.

Rockscan can you clarify what you mean by this? I don’t understand. We don’t have any agreement but she’s been claiming every year.

Thanks.

[rockscan]

Note that if you don’t have it in your agreement to claim the eligible dependent every other year you DON’T get tax benefits from the government. They are considered within the split of section 7 via the “net cost” calculation. The tax benefit comes off the gross amount which is then calculated according to %.

[Googlelawstudent]

Thank you for your response Calvinfive. Sorry I didnt see this sooner. No, I am not obtaining any of the tax credits or benefits. I am too concerned about bringing up money at the risk of her decreasing time, as my time has slowly increased over time. I am also right at the 40% threshold, so recognize mom still has him a bit more + she uses that money in her calculation of monthly spending, so don't want to impact that at this time.

Mom makes less than I do. I by no means make a lot of money, but I pay her, as she only works part-time. She's never liked to work much lol, and now has moved in with spouse, who makes good money, so he is supporting her and my child. Long story short, she used to work full-time, but lost her job, and since moving in with him, never sought more work, as she does not need to.

As for the rest of your detailed post and perspective, thank you, i appreciate it.

[calvinfive]

Working and custody are not mutually exclusive situations.

Custody and access are two separate issues.

[calvinfive]

Not sure if providing a room for your child will be a material change, but the age and increase school work might be. Sunday overnights will allow for smoother transitions to school and enable you to establish more consistent routines and better assist child to prepare for school.

If she works every weekend and that is the status quo, then based on Janus's own past arguments of the difficult burdens of changing Status quo held by mothers - she wouldn't stand a chance. In this case however, he has indicated the status quo is meaningless and that mom can take every other weekend from you. I disagree with Janus here. It will be next to impossible for mom to get every other weekend without a material change, and a finding that it will be in child's best interests. Like come on, she's never displayed an interest in spending weekend time with the child and even "dumps" child on you on some of her own long weekends. She's clearly always wanted the weekends all to her self.

Mom won't success in taking every other weekend from you to put child in daycare. That won't happen. Maybe if you were alienating the child from her. She's the one that walked away from weekends with the child - for the last 5 years and up until the discussion of child support came up.

I also disagree with Janus about child support. As you indicated you have child for at least 40% off the time, you can come to whatever terms you want to come to an agreement with your ex as it is shared custody. My agreement with ex, is that there is no child support because of shared custody. Probably, you are paying higher than table amounts in shared custody. I also assume ex makes equal to or more than you, and she probably is the one that should be paying you child support.

Are you receiving any child tax benefits? You are also entitled to that since you have 40% access

As a best approach strategy, I agree with Janus that you should move closer. That will guarantee you Mondays. If mom tries to take every other weekend, then you say fine, you can have every other weekend, but I will get a few days every other week - which will put you guys at a week about arrangement - or you could just suggest to go back to 2-2-5-5.

Put all your time, energy, and efforts into finding a place as close as to your child as possible. Child tax benefits combined with a correct child support amount under shared custody should really help with rent.

[Janus]

Poster said mom works every weekend. So how is it possible that if he goes to court his current access could be changed to every other weekend. Mom is not available to take the child on weekends.

I worked during the week and had custody of preschool kids during that time. I did that for years. Working and custody are not mutually exclusive situations.

Things change. Maybe once mom starts getting table CS she will be able to work less. Or maybe she will consider working during the week. Or maybe she will considering hiring a babysitter (which OP would have to pay a portion of, even if it was during time that he would be happy to have the kid).

[Helpmyspouse]

Poster said mom works every weekend. So how is it possible that if he goes to court his current access could be changed to every other weekend. Mom is not available to take the child on weekends.

[Googlelawstudent]

All fair points, Janus. Thanks again for your responses and time.

[Janus]

Just to be clear though, i already have every weekend and it’s been this way for 4 years

I understood that. My point was that if you go to court, expect that parenting time to change to every other weekend.

and shes had no problems with it - never brought it up as an issue before.

If you go to court, assume that everything might be an issue. Just because you are the one hoping to change things doesn't mean that she doesn't feel the same way. Usually, the thought is "this annoys me, but I'm not going to go to court for it". However, once you are going to court anyway, you might as well bring out your laundry list because the marginal cost/effort won't be big at all.

So in essence, I am trying to get some objective perspectives on the sheer fairness of my ask given our history, my new place, and my sons preference, when someone isn’t potentially motivated by what they think is the risk of a loss of income.

But she has brought up the income, which means that to your ex money is a big driver of her decision making. You can promise and swear to all the Gods of your personal pantheon that you won't change support but that can change in a heartbeat.

There is no objective fair here. Given your history (bailed and ran 100km away) I would say that fair is you get much less than you currently have. Your son told you he likes to stay with you... but there is a good chance he told his mother that he likes to stay with her.

I think my advice is the same. I think that legally you are dead in the water, so you probably cannot force anything. However, you seem to (mostly) get along with your ex, so I would ask incrementally. Don't talk about fair and not fair, because her fair is not going to correspond to your fair. Talk about how much you love your son and how it would be really nice to bring him back on Monday once a month. Be nice, be gracious, be obsequious, because that is the only way you are going to get what you desire.

[Googlelawstudent]

Thank you so much for your responses Janus, I appreciate your opinion and feedback, particularly re: what a court may likely offer.

Just to be clear though, i already have every weekend and it’s been this way for 4 years, and shes had no problems with it - never brought it up as an issue before. In fact, regularly asks me if I’ll keep him the extra day on long weekends.

Also, I’m not looking to reduce or stop support, I’m worried that she thinks I am asking for more time time as a way stop paying, which I am not. I recognize that even with some extra time, she still has costs and has budgeted my payment into that. Same applies to me, whether I have him one extra day a month, my expenses sty the same. So in essence, I am trying to get some objective perspectives on the sheer fairness of my ask given our history, my new place, and my sons preference, when someone isn’t potentially motivated by what they think is the risk of a loss of income.

[Janus]

I think I wasn't totally clear. I'll add a TLDR:

1) Is it fair for you to ask for Monday dropoff?

Yes.


2) Is it fair for you to have every weekend?

No.


3) Will she agree to the Monday dropoff?

No.


4) Could you force her to do it in court?

Maybe. But in return for the Monday dropoff you will probably only get every other weekend. You will also likely be ordered to pay table support.