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  • Canada Child Benefit

    Hi,
    Is the Monthly CCB used in calculating child support or spousal support or both?

    Thanks

  • #2
    You generally use the line 150 (well, now I think it is line 15000) to calculate income. I don't think CCB changes that income, so it would have no effect on CS and SS.

    As discussed in another thread, if you have shared custody it gets messy, but assuming you don't have that situation you essentially treat CCB as if it doesn't exist.

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    • #3
      Can the CCB be used to calculate s.7 expenses?
      Or is the CCB not used at all because it is a tax free benefit?

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      • #4
        No its not used. Section 7 is calculated based on actual income. The only thing that would impact s7 calculations is if there was a subsidy or grant.

        For instance: mom gets a subsidy for daycare. Total cost of daycare is $5,000. The subsidy is $1000. The tax benefit for daycare is $500. Therefore the net cost for the split of daycare is $3500.

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        • #5
          Eligible to claim for Child Care Benefit?

          We have 2 dependent children, and receive CCB amounts in our joint account. The ex and I separated in 2019, but lived in the same household until February 2020 (she then moved out on her own).

          When the ex moved out, she did not take and of the dependent children with her.

          The ex is now claiming for 100% of the CCB money (from 2016 to 2020) that was deposited in the joint account (I used these funds to pay household bills).

          I don't quite understand here - is she eligible to claim 100% of this? If so, I would assume only 50% at most. But even then, these funds were used to manage the household and kids' expenses during the time both she and the kids lived in the house.

          I still have custody of both dependent kids if that makes a difference.

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          • #6
            I donít think she can demand it back especially since you were both living in the same home and the children were living there. You can only demand/claim it when separated and having full physical custody of the kids.

            Ignore that demand as its ridiculous.

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            • #7
              There is one possible complication though. The separation from 2019 to 2020 may not be counted as separation by CRA, because both still lived in the same house. The CRA definition of separation is different from the Ontario Family Law definition.

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              • #8
                Originally posted by rockscan View Post
                No its not used. Section 7 is calculated based on actual income. The only thing that would impact s7 calculations is if there was a subsidy or grant.

                For instance: mom gets a subsidy for daycare. Total cost of daycare is $5,000. The subsidy is $1000. The tax benefit for daycare is $500. Therefore the net cost for the split of daycare is $3500.
                Your comment about subsidy is correct. However the CCB may be taken into account for s7 according to this website:
                https://wiki.clicklaw.bc.ca/index.ph...ort_Guidelines

                The following is an excerpt from the website:
                "Note that Canada Child Tax Benefits are not considered income for basic child support purposes, but may be taken into account when determining the sharing of special and extraordinary expenses."

                Furthermore, Schedule III: Adjustments to Income of the Child Support Guidelines says UCCB is included when determining s7 proportions. UCCB, which was a taxable child benefit is now replaced with CCB, a non-taxable benefit.

                The CSGs have not been updated since the introduction of CCB hence the confusion so I would think it's up to the court if they include it in s7 calculations or not.



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