Amend separation agreement question

[Alpinist]

Hi all,
My ex and I have been divorced for a few years. We have a valid separation agreement in place. Our agreement seems to be fine, aside from a few items.

We have 2 school age children and I earn 40,000 per year and he makes around 140,000 per year plus 15,000 in bonuses, overtime as well as he owns an income property for about 1800 per month. On a side note he has hidden parts of his income from me such as a bonus over 10,000 as well as had his family member pay rent for his income property under the table so as not to have to include the amount paid toward his income.

He has been pressuring me into changing our separation agreement so that he is able to claim one of our kids as an Eligible Dependent. We didn't realize when we made our agreement that CRA would deny him because he pays me the offset amount.

A couple of years ago he was pressing me to change the support agreement as he keeps getting denied the eligible Dependant. We tried adding our own amendment to the agreement with taxes but that was not acceptable to CRA. We had agreed on amount that he would pay me for support based on the csg.

He is really pressuring me now to have our separation agreement updated Before this year's tax deadline. Aside from him changing the wording for him to be eligible to claim one child at taxes, he has stated other items he wants to add that I would have to review with a lawyer.

I think the agreement is fine as is. Is it legal to change the wording of our support to indicate that I pay him support and he also pays me support... In order for him to claim eligible Dependant? It seems a bit far fetched as he makes 3 x more money than I do, and I don't make a support payment to him. Will CRA recognize him as being eligible if he changes the wording? Should it be him paying the lawyer fees to review this all, or would I pay half?
Thanks
RT

[Alpinist]

To be clear he wants to amend it so it states I pay him x amount of support each month and he pays me x amount of support.. So that it looks like we pay each other support... So that he can claim an eligible Dependant at taxes. Really he just pays me an offset amount.

[rockscan]

Well you could simply say no and put him on ignore. If he is not providing proper disclosure you can file a motion for disclosure in the court.

If anything I would be telling him you want to see proof from an accountant that the eligible dependent credit is worth a change; that you want full disclosure on his income annually; and, you want him to pay the legal costs to make the change.

See how much pressure he puts on you then. Plus all the costs go to him.

Hopefully someone else can answer the question of if he is actually eligible for the credit.


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[Alpinist]

That is what I was generally thinking as well thank you.

I have another question. He is also really pushing me toward adding specific post secondary clauses into our agreement. He wants this done before tax time this year. The children are in grade 7 and 8. I have an idea about how to handle it however since it is so far off I really don't know how to word this in the agreement. Things could change a lot by then. Is it too early to be adding this into our agreement?

Thanks again

[Alpinist]

My exs proposed 'amendment' wording to our separation agreement :

Eligibility for Child Support

1.1 Child support payments for a child end when one or more of the following occurs:

(a) the child ceases to reside full time with both or either parent; "reside full time" includes the child living away from home to attend an educational institution, or take a vacation while otherwise maintaining a residence with both or either parent;

(b) the child becomes eighteen (18) years of age and ceases to be in full-time attendance at a recognized educational institution;

(c) the child completes one under-graduate degree from a university or graduates from a community college;

(d) the child marries;

(e) the child dies; or

(f) the child turns 23.


1.1 X and X do not have an obligation to pay for the children’s post-secondary education, or living expenses when the child is living away from home to attend post-secondary education.

1.2 During the months when a child is attending post-secondary education (typically September through April), (payor) may reduce their child support payments to (recipient) up to 50% by contributing an equal amount to support the child’s education or living expenses when living away from home.

[iona6656]

what's the custody arrangement?

(did I miss that)

[Alpinist]

We have shared custody 50/50

[iona6656]

We have shared custody 50/50

isn't it customary in 50/50 cases that each parent gets to claim one child each?

or alternatively you alter the years you claim?

[rockscan]

[B]


1.1 X and X do not have an obligation to pay for the childrenâ€[emoji769]s post-secondary education, or living expenses when the child is living away from home to attend post-secondary education.

No. Do not agree to this.

Modify it to

Both parents will contribute their proportionate share of post secondary expenses. Post secondary expenses are defined as tuition, books, equipment, residence fees and meal plan. The child will contribute 1/3 the total expenses with the parents splitting the remaining net cost proportionate to income.

As for the last clause, change it to

Should the child live away from home for post secondary studies, support will be paid at full table for the months the child lives at home (May to August) and this amount is to be averaged out over 12 months accordingly.


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[Alpinist]

Hi, yes our agreement states we can each claim one dependant. The problem is CRA will decline him each year because he is the support payor (ie he pays me an offset amount of support). We have tried to submit an amendment to say I pay him an amount and he pays me an amount and they still deny him. I have even submitted documents to CRA regarding payment in order to try to help him. When it comes down to it our agreement states our support is based on CSG and he pays me an offset amount so he is never able to claim support. It is all confusing to me. Now I am being pressured by him into updating our separation agreement to change the wording so that he might be able to claim one dependant. I am not sure if this is possible.. As I don't actually pay him support... He pays to me an amount that is offset.

He's also wanting to have our post secondary school wording updated. Our kids arent in high school yet and I'm not sure what is typical wording to have. His wording is a bit confusing to me. I'm sure I'll have to get it reviewed by a lawyer.

[Alpinist]

Thank you rockscan, that all makes sense to me.

What about this wording here?? "Both or either" ? "Vacation" ??
Its confusing to me.

1.1 Child support payments for a child end when one or more of the following occurs:

(a) the child ceases to reside full time with both or either parent; "reside full time" includes the child living away from home to attend an educational institution, or take a vacation while otherwise maintaining a residence with both or either parent

[rockscan]

Its a ridiculous point and it doesnt matter. Unless your kid is planning to move out permanently to go to school (ie live away all year long for four years) or take a year long vacation, it doesn’t come into play.

You will have to accept that if kids aren’t living at home you get no support.


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[Alpinist]

The wording about taking a vacation while otherwise residing with a parent was throwing me off. Thx for your help.

[rockscan]

The language they use for post secondary is such bullshit. Especially when it isn’t clear on stuff. And that clause not paying for school if the kids goes away? Total crap. Most courts err on the side that kid pays 50% of the cost instead of 1/3 but parents still have a share!


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[StillPaying]

Hi, yes our agreement states we can each claim one dependant.

Are you currently claiming 1 child or both?

Now I am being pressured by him into updating our separation agreement to change the wording so that he might be able to claim one dependant. I am not sure if this is possible.. As I don't actually pay him support... He pays to me an amount that is offset.

He doesn't actually pay you csg support either. You're both paying your proper amounts owed. Once you understand that, you'll see his "pressure" is more annoyance in you stealing his monthly money.