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COVID-19 Benefits (Support for Learners) & Shared Custody/Residency

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  • COVID-19 Benefits (Support for Learners) & Shared Custody/Residency

    Good afternoon community,
    Apologies if this has been already touched on - I did a search and couldn't find it.


    My ex and I share custody and residency of our two children 50/50. We have a Court order but no specifics as to sharing benefits because as I was told by my lawyer, Courts can't bind governments for payments of benefits. As such, we split the CCB after I applied for it and was retroactive paid my share of CCB since separating.



    If parents of children recall, the Ontario government began a support for learners COVID-19 benefit back last spring which each school aged child was given $200. At that time, the benefit was paid with the CCB eligible parent, and at that time my CCB application hadn't yet been approved. My ex claimed both amounts of $200/child. Last fall, the government changed to a online application process and "e-transfer" which my ex applied and claimed both children again for another $400 total. I emailed the Ministry of Education and they replied with a response which they don't get involved in disputes, but the parent with custody should apply for the benefit. With the recent budget announcement, the SFL benefit will double per child and they are automatically paying the parent that received the fall 2020 benefit. I will be out a total of $800 that could go a long way for me.



    Long story longer - I am out my reasonable share of COVID-19 benefits even though we share an exact 50/50 by Court order. I asked my lawyer about this but she said there isn't much I can do, but I have to think if these benefits continue, I have to do something to get my fair share. I asked my ex and she basically told me to pound salt.



    Any suggestions? Can I with-hold $400 of something? Do i file something at the Court to get something put into our Court order or ask a Judge for my share?


    Thanks
    Joe

  • #2
    $400...I would pick my battles on this one...

    Comment


    • #3
      The problem is your agreement says nothing about government benefits which means the person who files first gets it. Meaning you are out of luck. You could file with the court to change the agreement but then would spend more than the $800 on legal fees and lost work. Itís not worth it.

      Put this in the L column and move on. For those reading in the future going through the process, make sure your agreement is clear on benefits.


      Sent from my iPhone using Tapatalk

      Comment


      • #4
        Originally posted by rockscan View Post
        For those reading in the future going through the process, make sure your agreement is clear on benefits.
        This is a different scenario. My order is clear that we share benefits and we do. However this covid relief is only provided to 1 parent, first come first serve, and we are supposed to work it out between us for shared parents according to them. The money is owed, it's just a matter of how to collect.

        Comment


        • #5
          Ok folks...thank you for your responses. I’ll just hope for the best that the money is being used for my kids.

          Comment


          • #6
            Given that it's a smaller amount and supposed to be shared, enforcement agencies won't do anything about it so withholding this should work assuming requests were denied or go unanswered. By the time support is over hopefully cooler heads will prevail.

            Comment

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