Equalization of Costs

[Pharah]

On another issue, during our case on Wednesday, we discussed outstanding costs. Equalization of day camp, extra-curricular actives and outstanding CTC and GST benefits (my ex and I have a written agreement that I am to receive half of the CTC for Jordan).

In court, we discussed that my ex had our son enrolled in camp for 2 weeks over the summer, while I had covered 5 weeks. The Judge refused to discuss the equalization of costs even though she had stated on the original temporary order that cost where to be shared equally. We never even got to talking about the ECA.

Since July, my ex has not given me my son's CTC, saying that she had not had a chance to 'work it out' (there has been 3 emails with regards to this since August). On Wednesday in court, she claimed that I agree to waive my entitlement, which never happened.

My ex has also been told that I am entitled to GST, which had never before been agreed upon.

What I am thinking of doing is filing a small claims case for the CTC, GST, camp and ECA costs but I would like some feedback on this before I proceed? Also, would I be liable for court costs if I am only awarded the CTC?

Thanks in advance.

[dadtotheend]

Since July, my ex has not given me my son's CTC, saying that she had not had a chance to 'work it out' (there has been 3 emails with regards to this since August).

Are talking about the Child Tax Benefit?

If so, read here (particularly about shared elibigility), Canada Child Tax Benefit (CCTB), and apply here, RC66 - Canada Child Benefits Application.

The court or your ex doesn't give you the CTB, the Canada Revenue Agency requires that you apply for it.

[Pharah]

I have applied for shared eligibility which comes into affect in June 2010. My application has already been submitted to the CRA but it is my understand that this will not change until 2010.

My ex and I had previously agreed to her giving me half of the CCTB however she has decided to stop this as of July 2009 with the comment that it's a new year and there had been no agreement for 2009. The judge in court Wednesday told her as we have joint custody with shared access, that I am entitled to half of my sons 2009 CCTB and half of my sons portion of GST.

Correct me if I am wrong but as far as I am aware the CRA does not currently allow 2 people to be eligible, not until 2010 anyway. My ex and I had previously submitted the form to CRA for the 2008 taxation year with regards to our sharing these benefits in which she agreed to give me half.

Benefit entitlements in cases of shared custody

[Pharah]

Additionally, prior to the submission of her application, my ex and I had been successfully co-parenting and able to work things like this out. Unfortunately, this is no longer the case as I have moved on and gotten involved with a family friend.

[NBDad]

Correct me if I am wrong but as far as I am aware the CRA does not currently allow 2 people to be eligible, not until 2010 anyway. My ex and I had previously submitted the form to CRA for the 2008 taxation year with regards to our sharing these benefits in which she agreed to give me half.

You're wrong. Currently under shared eligibility you can receive it for 6 months and your ex for 6 months, as long as both of you have the child over 40% of the time. I believe what you MAY be getting confused on is a new program that just came out where you can have CRA pay out the 6 month amounts over the course of the year. (So you get 1/2 as much over 12 months) THAT is a new program that you have to apply for.

File the application, include your existing custody order and wait the 4-8 weeks. You probably won't get any retroactive amount, nor will the ex be penalized. You DON'T need her signature, and even if she tries to claim otherwise, once CRA makes a decision to switch things, it's final pending an appeal or a change in custody.

CCTB is outside the jurisdiction of family court OR small claims court. It's governed by the Income Tax act and the onus is on YOU to notify CRA of any change in custody that affects payment.

[NBDad]

What I am thinking of doing is filing a small claims case for the CTC, GST, camp and ECA costs but I would like some feedback on this before I proceed?

CTC, GST are not small claims issues. They are governed by the Income Tax Act and there are specific forms and processes you can utilize. Since you did not inform CRA as is your obligation, you will most likely be unsuccessful in recouping losses, however you CAN solve the issue go forward and eliminate dealing with your ex.

Not sure what you mean by ECA.

As for camp, that would be something you should deal with as part of your ongoing court case. Request reimbursement, document refusal, and go from there.

[Pharah]

NBDad: Ok, so the form we submitted in 2008/2009 would not have done that? I have never received CCTB or GST from the CRA independent of my ex.

It was my understand from the Shared eligibility programs that this did not exist previously, as below:

1. What has changed with respect to benefit payments in cases of shared custody?
The budget proposes to introduce the concept of a shared-custody parent and to allow each shared-custody parent to receive the Canada Child Tax Benefit (CCTB) and the Universal Child Care Benefit (UCCB) amounts in a particular month. In addition, each shared-custody parent will receive the child component of the goods and services tax/harmonized sales tax (GST/HST) credit quarterly in respect of the child.

5. When will the change be effective?
The change will be effective for benefits paid for periods starting in July 2011.

6. What currently happens when the custody of a child is shared between two individuals?
Only one individual can be eligible in respect of a child for a particular CCTB, UCCB, or GST/HST credit payment, even when custody of the child is shared between two individuals.
To address this problem, the Canada Revenue Agency (CRA) developed a shared eligibility policy.

7. How does the shared eligibility policy work?
If two parents share custody of a child more or less equally, the CRA applies a rotational schedule, where eligibility for the child (or children) would be allowed to each parent on a six-month on, six-month off rotation.

[Pharah]

To me the above says that the current policy states that there can be only one eligible recipient and that this program will change this starting July 2011. Also, each parent will be eligible for benefits for a 6 months of the year and the benefits are calculated based on the individual incomes for that 6 month period.

As mentioned, I have submitted my forms to the CRA for shared eligibility but in late 2008/2009 my ex and I submitted a separate form to the CRA regarding our shared custody arrangement, hence the reason she was sharing the payment with me until this July.

[Pharah]

One other thing, I did see this:

8. If I currently have shared custody of my child and receive benefits on a rotational schedule, will I fall under the new rules?
If you share custody of a child, you may be receiving benefits on a six-month rotational schedule. If you are, your payments will automatically fall under the new rules in July 2011.

Why would my ex and I not been added to a rotational schedule if this had been submitted? Is this something you needed to opt for?

[NBDad]

You need to call CRA and determine what they show as the current status respective to your kids. If it's a shared eligibility, ask why YOU aren't receiving a check... something is up I'll guarantee you.

My ex and I were operating under shared eligibility since late 2008, and it only recently switched to myself full time.

YOU should get the CCTB for 6 months/year, and then your ex gets it for 6 months. You also get credit for 2 of the 4 GST payments, your ex gets credit on the other 2.

The program you are referencing is the new one. It's a modification to the existing CCTB shared eligibility program where you each get the same amount of money you normally would on the 6month-6month rotation, but spread over 12 months. So you get 1/2 as much each month, but you get a check every month. What was happening was some people who can't budget were struggling with the sudden loss of income for 1/2 a year.

PRIOR to this latest program, CRA's system wouldn't allow them to release a cheque to 2 people for the same child, in the same month. So they got around the issue where parents shared custody by implementing the shared eligibility thing. So one parent gets it for 6 months, then the other for the other 6 months. Keeps the system happy (since only one person is getting paid for the child in a given month) and the parents households both receive benefit.

[Pharah]

Ok, wait. After further review of the site, there is 2 pages. One on shared eligibility with the rotating schedule and one for the new program. I see what you are getting at.

So what your saying is that since I have already submitted my form and I know they have it (it's listed in my account), I should be getting this in January for 2009?

[Pharah]

OK, thanks for the information NBDAD. I think you just saved me a whole shit tone of money

[NBDad]

You need to call them dude.

If you filed a shared eligibility form back in 2009, it should have taken effect inside of 8 weeks. They would have sent you a form to fill out (little questionnaire about "the kids live with me ()All the time () some of the time ()none of the time" If you picked () some of the time, please explain:

as well as a couple other questions.

After they process it, then they should have sent you an official letter telling you about the change to shared, and when your 6 months would start/end.

Oh and the Level 1 phone reps at the 1-800 should be able to see the application within 1 week of it being received. If they don't there's an issue. (They won't see details until it's been ENTERED into the system, but they have to document the fact there is a document pending). If it goes past 8 weeks and you still have no joy from the phone reps...call your MP's office. They have a special "resolution agent" they can tap for you to get some answers.

Alternately if CRA really dicks things up,file a "service complaint". It goes to the director of the center and works it's way down from there. They hate the damn things, but you WILL get a call from them about the issue.

[Pharah]

On the phone with them now. Seriously saved me huge here. Thanks!

[NBDad]

Cool, let me know how you make out. I suspect somethings up with the status on file with them.

They'll probably tell you that you have to send in a new application, but at least you'll know