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  • Extra-ordinary expenses, income and summer costs

    Hello,
    Does anybody know if the child support received by a custodial parent is included as part of their income when determining the proprortionate costs (based on incomes) to be shared by each parent?

    Also, has anybody ever heard of a case where the NCP is allowed to stop CS payments during the months the children have a regular long-term visitation (1 to 2 months) with the NCP every summer? How about the CP paying the NCP child support for the month (or 2) that they reside with the NCP? The NCP in this case is also pays 100% of the flights for his 2 children to visit, and they live 3000 miles away. We have extremely high access costs in addition to the costs while they are here, and continue to pay child support to their mother during these months.

    I have heard we can apply for the CCTB if we have the kids for a month or more every summer, but haven't gone this route yet.

  • #2
    Actually I just read a case where the issue of no support over the summer, the judge felt the child should receive support all year as they can not be expected to earn income to compensate for the lack of support.
    CS is all year, even during the summer even if the children are college age, since summer employment is for the benefit of the child to further education not pay basic expenses expected to be covered by a parent.

    I think you are talking about extra-ordinary expenses when you ask about including CS received.

    When dealing with extra expenses for a child above regular care, yes, the support received by the CP is included inn their income and removed from the income of the paying parent. Once the final income amount is found then they determine the ratio of income then the proportionate share of the parents to the extra-ordinary expenses based on their income levels.

    Only one parent can claim the CTC benefit and the amount eligible is paid each month through the year, and cannot be split even if you had 50/50 custody. You’d have to decide who claims it, or inn the 50/50 case the higher earner would claim and by way of a written agreement offer credit to the other parent by way of minimal payments from this credit each month. You can call CCRA to confirm though.

    Comment


    • #3
      In our case the proportionate share of expenses was determined by employment income ONLY. It did not include CS.

      Our lawyer told us CS is determined on a yearly basis divided by 12, regardless of the NCP actually having the kids in their homestead for a great part or whole part of an individual month.

      As far as recieving the child tax credit ~ first I've heard!

      Comment


      • #4
        got2bkid,

        CCTB is paid to the primary caregiver of the child. During the summer months, your husband is the primary caregiver of the children so he is eligible for CCTB for those two months. However, if your husband is in high income range the benefit amount might not be worth upsetting his ex since she won't be paid during those two months.

        Comment


        • #5
          To get the CCTB, all the following conditions must be met.

          You must live with the child, and the child must be under 18 years of age.
          You must be the person primarily responsible for the care and upbringing of the child. We define primarily responsible on the previous page.
          Note
          If a child does not reside with you all the time, see "Shared eligibility".

          You must be a resident of Canada for tax purposes.
          We consider you to be a resident of Canada when you establish sufficient residential ties in Canada. For more information, see Interpretation Bulletin IT-221, Determination of an Individual's Residence Status.
          You or your spouse or common-law partner must be:

          a Canadian citizen;
          as defined in the Immigration and Refugee Protection Act, a "permanent resident";
          as defined in the Immigration and Refugee Protection Act, a "protected person"; or
          as defined in the Immigration and Refugee Protection Act, a "temporary resident" who has lived in Canada throughout the previous 18 months, and who has a valid permit in the 19th month (other than one that states "does not confer status" or "does not confer temporary resident status"). If this is your situation, you should not apply before the 19th month.


          This is right from CCRA web site.

          Shared eligibility
          There are situations where a child may reside with two different individuals on a more or less equal basis, and both of these individuals share equally in the child's care and upbringing. If this situation applies to you, attach a note to your application that clearly states your parenting arrangement. For more information, visit our Child and Family Benefits page, or call 1-800-387-1193.


          I feel that this means, a split is allowable if the custody is more or less equally shared.
          I would call CCRA to varify for anything that is 1 or 2 months in duration.

          Comment


          • #6
            See the following link regarding shared eligility for the CTB:

            http://www.cra-arc.gc.ca/bnfts/fq_lgblty-eng.html

            This rule has been in effect for a little over three years and is designed to recognize the increasing existence of joint/shared custody/access arrangements.

            Comment


            • #7
              Child support is NOT included income when determining the proportionate shares of special expenses.

              Child support is not normally stopped during the summer. The amount of child support is based on the assumption that the NCP will have a reasonable amount of access (and associated costs) with the children. If, as a result of the summer access, the NCP's time with the child exceeds 40% of the time over the year, then you've got a shared custody arrangement and child support can be reduced as a result.

              Prior to the guidelines, the courts sometimes said no support was payable over the summer and believe me, it was a real mess when it came time to enforce.

              Comment


              • #8
                Wow...reviving an old thread here...

                Originally posted by workinginthesystem View Post
                Child support is NOT included income when determining the proportionate shares of special expenses.
                Right...but, what about Spousal Support? There is a worksheet (on the federal guidelines site) for calculating how Spousal Support impacts the calculation of the proportionate shares, for SPLIT custody arrangements. Basically, you add SS to the payee's income and subtract it from the payor's income.

                I'm trying to determine if this would also apply for SHARED custody arrangements. Does anyone know for certain?

                Comment


                • #9
                  You're right. For any kind of custody arrangements, when you are calculating the proportionate shares of the special expenses, you subtract spousal support from the payor's income and add it to the recipient's income.

                  For shared and split custody, when you are looking at the offset of the table amounts, you ignore the spousal support and just use the actual incomes. Not sure why, but there you go.

                  Comment

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