Amend separation agreement question

[Alpinist]

I have only been claiming one child. We have tried amending and changing the wording to indicate we are paying each other x.... And the CRA doesn't like that. He wants to change the wording on our separation agreement. My question is... Will this help?? I have no idea. Does anyone happen to know?

The way he wants to work is is remove all mention of child support guidelines and any term about it being offset. He also created a table showing what we 'pay each other'. I don't really pay him anything.. He makes a payment to me. This is why I am confused.

[rockscan]

I believe the language is along the lines of parent a will pay to parent b xxx in child support. Parent b pays parent a yyy in child support.

That way cra doesnt see off set or anything else. Do a search of the forum on cra as there have been many threads and a few people who had this issue have posted what they did that works for cra.


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[Alpinist]

Great, thank you!

[StillPaying]

I have only been claiming one child.

That's good. Once CRA finally fixes this, your ex will receive the full amount owed and any overpayment to you would be paid back.

I believe the language is along the lines of parent a will pay to parent b xxx in child support. Parent b pays parent a yyy in child support.

This is how my order is written. Including a 3rd line saying "The result shall be a set-off amount of x per month payable by y". CRA had no issue with it and we both claim a child.

[Alpinist]

Why would there be an overpayment to me if we are both eligible to claim one child each year?

[LovingDad1234]

Why would there be an overpayment to me if we are both eligible to claim one child each year?

Because in 2020, if you received $2,000 for CCB when the reality is that you should have received $1,250 and you ex receive $750, the CRA will ask that you give back $750 so that they can rightfully give it to your ex.

[Alpinist]

As far as I know my ex and I both collect CCB and it's only the "amount for eligible Dependant"amount that is in question.

[Alpinist]

No. Do not agree to this.

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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This is great advice, thank you so much! Our agreement states that we are to discuss post secondary expenses when each kid is in grade 12. They are only in grade 7 and 8. Its hard to determine what kind of support I'll require so far in advance.

[rollingesto]

I haven’t checked recently for updates as it no longer affects me or any clients, but generally shared custody = shared CCB. Each parent is considered based on household income and receives 1/2 of their respective amount. Very straightforward & no bickering.
Last I checked, eligible dependant credit depends on who is paying support. Historically it was that if a parent is “paying support” for a dependant, then that parent is not entitled to claim the credit for that dependant so only one claim max. was available per former family unit. There were some issues re: offset support where this effectively disqualified both parents but I think that was remedied...

feel free to correct me if I’m wrong!

[Alpinist]

Thanks rollkmgsto. I believe you are right

[Alpinist]

Another thing has come up as my child is applying for high schools. My ex has sent me a text stating he is having them apply to high schools. We live 20 km apart from each other in the same city There is a high school near his house but they are not eligible for bussing. We could likely swing having them go there. There is a high school near my house that they could be bussed from.. Only 5 km's from my house.

He has notified me that he is having them apply to 3 high schools..

The 3rd high school is 40 km from my house and 18 km from his house. It is not in the city that we both live in. It is in a direction away from the city and also away from my work as I work in a central location in the city. The reason he is applying there is because girlfriend lives in a town near that school.

I know my child does not want to go to that school.. However him applying me is frustrating.. Should I do anything about this or just ignore it as I don't think there is any chance they would go there.

[rockscan]

Call the school board and find out about rules on addresses. Kid may not be eligible to go to a school where they don�t live.


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[Alpinist]

They are eligible to go to that school based off his address as he is closer to the school. He lives on the edge of the city limits of the city we have always lived in. The school is in another town outside of the city. This school is 40 km distance from my house in a different town.

I worry if they decided to go to that school that my ex would move out that way to move in with his girlfriend who lives nearby. If he did move out there... It would become a custody battle for full custody as we would not be able to maintain a 50/50 custody schedule with the kids living 30 to 40 km's away from my house.

I realize this is speculation however I have seen some pretty crazy things happen with other families that I know.

[Alpinist]

I (foolishly) agreed for him to pay me an agreed upon amount of child support a year ago since I was getting so tired of dealing with him. He's been a pain when it comes to figuring out the child table support amount. It should be easy right?!? Just exchange incomes at tax time. He was constantly trying to negotiate to pay me less for example not include overtime and bonuses. If I were to guess I would say he doesn't want me to see his tax return.. As he's received a big promotion at work and also is working overtime and has an income property now.

Not sure what to do now. Since he is wanting to amend the agreement now before tax time.. Would it be fair for me to ask for the table support amount of child support? Thats what we should have done all along.

Thing is.. I just want to be done dealing with him.

[rockscan]

You wanting to be done with him doesnt mean he gets to skirt his responsibilities to his kids.

I would counter that you want to see his full tax return as well as proof of his 2020 income before agreeing to anything.

Truly if he wants something he needs to play ball.


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