Increasing access time? Unfair?

[iona6656]

She never asked me before filing her claims for it??? Oh right, this forum only sees things in the fault of the father.

If she had sole custody before- why would you she ask? I didn't ask my ex if I could claim it. It was for 2018- D3 lived with me full time.

If your daughter lived with your ex full time for 2018. Why should she ask? If she lived with both of your equally...then, given how much you post on here- I would've thought you would've brought up the issue with your lawyers since your parenting plan and agreement is SOOOOOO extensive and thorough.

[calvinfive]

My ex...

I'm not your ex.

[calvinfive]

She never asked me before filing her claims for it??? Oh right, this forum only sees things in the fault of the father.

[blinkandimgone]

If your ex is doing the same thing. CRA will hold both your returns until you guys figure something out. My ex did the same thing, changed his return to try to claim the credit. Held up my return and his. We had no order last year. But once I sent in letters showing that he started paying voluntary child support last December- he was disallowed any claims to the eligible dependent credit or UCCBs.

So, it would make more sense for you guys and to work it out amongst yourselves who claims it. Alternating years seem most appropriate.

My ex tried to ask for us to alternate years at our settlement conference and judge said if it’s not shared custody it’s not appropriate. I guess it never hurts to ask.

Exactly this. Only one person can claim the eligible dependant, and if you both try to claim and cannot agree, neither parent gets it so just randomly making changes online without discussing and coming to an agreement with the other parent doesn't help anything, it only complicates it, and a lot of the time causes, interruptions to any CCB or child-related payments being received by either party. This in noway benefits the child.

[iona6656]

I just amended my tax return to add the claim that I have an eligible dependent for this tax credit. My court order says neither parent shall pay the other any child support due to shared parenting.

If your ex is doing the same thing. CRA will hold both your returns until you guys figure something out. My ex did the same thing, changed his return to try to claim the credit. Held up my return and his. We had no order last year. But once I sent in letters showing that he started paying voluntary child support last December- he was disallowed any claims to the eligible dependent credit or UCCBs.

So, it would make more sense for you guys and to work it out amongst yourselves who claims it. Alternating years seem most appropriate.

My ex tried to ask for us to alternate years at our settlement conference and judge said if it’s not shared custody it’s not appropriate. I guess it never hurts to ask.

[calvinfive]

Child support payments is very relevant, and the wording of your order is very relevant. You need to stop giving bad advice on things you clearly are not aware of.

https://www.canada.ca/en/revenue-age...dependant.html

If your "proof" is not worded in a very specific way regarding child support payments and parenting time, your claim is likely to be rejected and you need to get the wording of your order changes - typically requiring a trip back to court if the other party is not cooperative.

The point isn't that your agreement says who collects tge benefits.

How am I the one giving bad advice? I am giving perfectly accurate advice for the child tax benefits. You are talking about a tax credit and for reasons unknown to me referring to it as a tax "benefit". We're not even talking about the same thing here. I am talking about a benefit, you are talking about a credit but calling it a benefit. Your terminology doesn't match up with the CRA.

Thanks for the additional info though. Just please make sure you are using the right terminology in the future.

I just amended my tax return to add the claim that I have an eligible dependent for this tax credit. My court order says neither parent shall pay the other any child support due to shared parenting.

Google child tax benefits - search results CCB - B for Benefit - what I am talking about
Google eligible dependent credit - what you guys are talking about but referring to as "benefit".

Two different things. Learn something new every day! Which is I'm excited to kill 2 birds with one stone now. I think my agreement will be okay for number 2, if not, well, back off to the court we go!

[Berner_Faith]

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.

My sister has shared custody and every year she has to provide proof of this, her ex doesn’t oppose anything, he doesn’t claim anything for the kids and for the past 4 years she’s had to provide her agreement and letters from the school stating she has shared custody. You may be lucky not to have to but it’s not always the case


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[blinkandimgone]

Child support payments is irrelevant. I was paying her child support when we first started shared custody. Offset was applied nearly 8 months later. The only thing they need is proof you have shared custody. That's it. Though they never even asked for that in my case. Just a simple online checkbox "I confirm I have shared custody". Try the online application for yourself, you'll see.

Here is their requirement:

Child support payments is very relevant, and the wording of your order is very relevant. You need to stop giving bad advice on things you clearly are not aware of.

https://www.canada.ca/en/revenue-age...dependant.html

If your "proof" is not worded in a very specific way regarding child support payments and parenting time, your claim is likely to be rejected and you need to get the wording of your order changes - typically requiring a trip back to court if the other party is not cooperative.

[calvinfive]

You’re talking about the CCB not the eligible dependent

If their is another credit I am entitled to, then I am going to look into that and apply for it immediately without delay.

[calvinfive]

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.

Few Points.

1. Given you are at the 40% threshold, you have every right to, and should notify the CRA you are in shared custody arrangement. You don't need to bring anything up to her. You just apply directly to CRA on their website. It's very easy. Don't fear any retaliation form her. If she retaliates, then good. Let her dig her own grave.

2. If she worked full time and then part time, it's not your duty to pay her to make up for that. She is intentionally underemployed and should have income imputed to her.

[calvinfive]

The point isn't that your agreement says who collects tge benefits. The issue arises when you apply and they demand proof that you have shared custody, the wording in your agreement on the parenting time AND child support payments affects their determination of your eligibility. That is why CRA gives very specific examples of how the wording in your agreement needs to be set out, and why their are so many posts regarding this exact topic.

Child support payments is irrelevant. I was paying her child support when we first started shared custody. Offset was applied nearly 8 months later. The only thing they need is proof you have shared custody. That's it. Though they never even asked for that in my case. Just a simple online checkbox "I confirm I have shared custody". Try the online application for yourself, you'll see.

Here is their requirement:

You share custody if the child lives with you and another individual in separate residences on a more or less equal basis.

The child might regularly alternate between residences in the following cycles:

four days with one person and three days with the other
one week with one person and the next week with the other
any other regular alternating cycle
Both individuals must be primarily responsible for the child's care and upbringing when the child lives with them. Each eligible individual will get 50% of the payment he or she would have received if the child lived with him or her all of the time. If you have just entered into a shared custody situation you have to apply for benefits.

Although a court order might state which individual should receive the CCB, the CRA is bound by the Income Tax Act, which is the legal authority the CRA uses to determine who eligible individuals are.

If you start or stop sharing custody of a child, let us know as soon as possible. For more information, see keep your information up to date.

[blinkandimgone]

The point isn't that your agreement says who collects tge benefits. The issue arises when you apply and they demand proof that you have shared custody, the wording in your agreement on the parenting time AND child support payments affects their determination of your eligibility. That is why CRA gives very specific examples of how the wording in your agreement needs to be set out, and why their are so many posts regarding this exact topic.

[rockscan]

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.

You’re talking about the CCB not the eligible dependent or activities credits.

It also states “on a more or less equal status” which you have to prove.

[calvinfive]

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.

I'm not giving bad advice. You are giving uninformed false misleading information without any first hand experience. In fact, it says right on their site they don't care what your order says as CRA is bound by the Income Tax Act, which is the legal authority the CRA uses to determine who eligible individuals are.

Here is their requirements (https://www.canada.ca/en/revenue-age...you-apply.html)

https://www.canada.ca/en/revenue-age...you-apply.html

[rockscan]

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.

Good for you for defrauding the government. There are plenty of posts on here from dads who tried the same thing WITH WORDING IN THEIR AGREEMENT who were still denied.