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Baby Bonus (etc.) overpayment???

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  • Baby Bonus (etc.) overpayment???

    In 2010 I received the baby bonus, etc from January to August. The X gets it from Sept. to Feb and I get it again in March, 2011 (until the new rules take affect). The X says I owe him 2 months worth since I got it an extra 2 months. He wants me to hand him over the cash. I think its up to the government to deduct the money from future payouts to me. If I hand him over cash then there is no tracking for income tax purposes plus whos to say how much he should get compared to what I got. He says when he called the govenment people and told them that I got an extra few months they basically said tough and he had to get the money from me.
    1) I don't trust what he says and everything I read says they will go retroactive 11 months so to me his story doesn't add up.
    2) When we split up he went in and took $800 (my paycheck that was deposited that morning) out of our acct and left me and the baby no money for 2 weeks. (I only say this because if I have no legal obligation in writing to pay him those 2 months I won't do it just because it may be the right thing to do. I will play by the rules but I'm not giving out handouts).
    3) In my opinion its up the to government to manage the payouts. I filled out the forms and said he had her 50% of the time. If they screwed up they need to fix it.

    So what's the deal on this. Is the X right and the government expects me to hand over cash, if so how much? Or am I right and it's up to the government to correct the oversight?

    If you require further info I'll provide it.

  • #2
    You are correct, it's the government's mess to fix and you shouldn't give him any money. If you do give him money, there's nothing to stop him from going to CRA to have the mistake fixed and getting the money again if they deduct it from your future payouts and then the situation will be reversed where you'll find yourself trying to get the money from him.

    Ignore him, don't give him anything and let him work it out with CRA.
    Last edited by blinkandimgone; 01-23-2011, 01:49 PM. Reason: the voices told me to...


    • #3
      A quick search of the CRA website turns up this:

      Canada Child Tax Benefit (CCTB)
      If a recalculation shows that you were overpaid CCTB, we will send you a notice with a remittance voucher attached to inform you of the balance owing. We may keep all or a portion of future CCTB payments, income tax refunds, or goods and services tax/harmonized sales tax (GST/HST) credits until your balance owing is repaid. This may also apply to other federal, provincial, and territorial programs that we administer.
      Balance owing – Benefits overpayment


      • #4
        This situation happened to us when we split. The CRA contacted my ex and said she had been overpaid, this was around Oct or so after we split. I was paid the amount by CRA that she had been overpaid immediately; she did nothing and ended up losing the money from her income tax refund the following April. IMHO your ex is full of shit, if he was owed the money he would have received it by now and you would have heard from CRA.


        • #5
          Your best bet is to be proactive and contact CRA. They can fix the screwup, and you can resolve the issue with the ex by letting them know you have reported it.


          • #6
            We had a similar situation...

            After my fiance's wife left he kept custody of the kids. She kept cutody of the CCTB payments (he didn't realize he was entitled to it). When he filed his tax return as "separated", the CRA sent him notice that he was still considered "married" and he had been overpaid. Seems she never changed her address and filed her tax return as "married" with the same address as his!

            We informed CRA of the error, but it took some time to sort out. Submitted proof of separation 3 times, and even received a notice saying that they would garnish his wages.It took a while, but in the end CRA agreed he was not overpaid, and he received a back payment for the CCTB payments. She ended up owing them over $3500.

            Agree that the best bet is to contact CRA. A word of warning, though. It will take some time, and you will likely get contradicting notice from different departments of the CRA (they don't talk to each other and co-ordinate files). Just stick to your guns and have all your proof of the situation ready. It will eventually sort itself out. AND, under no circumstances, pay him in cash! CRA is responsible for sorting it out!
            This is when I found out that she was still receiving the CCTB,


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