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-   -   Amend separation agreement question (https://www.ottawadivorce.com/forum/showthread.php?t=23441)

Alpinist 01-14-2021 11:27 AM

Thank you rockscan, that all makes sense to me.

What about this wording here?? "Both or either" ? "Vacation" ??
Its confusing to me.

1.1 Child support payments for a child end when one or more of the following occurs:

(a) the child ceases to reside full time with both or either parent; "reside full time" includes the child living away from home to attend an educational institution, or take a vacation while otherwise maintaining a residence with both or either parent

rockscan 01-14-2021 12:39 PM

Its a ridiculous point and it doesnt matter. Unless your kid is planning to move out permanently to go to school (ie live away all year long for four years) or take a year long vacation, it doesnt come into play.

You will have to accept that if kids arent living at home you get no support.


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Alpinist 01-14-2021 12:42 PM

The wording about taking a vacation while otherwise residing with a parent was throwing me off. Thx for your help.

rockscan 01-14-2021 02:04 PM

The language they use for post secondary is such bullshit. Especially when it isnt clear on stuff. And that clause not paying for school if the kids goes away? Total crap. Most courts err on the side that kid pays 50% of the cost instead of 1/3 but parents still have a share!


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StillPaying 01-14-2021 02:06 PM

Quote:

Originally Posted by Alpinist (Post 244866)
Hi, yes our agreement states we can each claim one dependant.

Are you currently claiming 1 child or both?

Quote:

Now I am being pressured by him into updating our separation agreement to change the wording so that he might be able to claim one dependant. I am not sure if this is possible.. As I don't actually pay him support... He pays to me an amount that is offset.
He doesn't actually pay you csg support either. You're both paying your proper amounts owed. Once you understand that, you'll see his "pressure" is more annoyance in you stealing his monthly money.

Alpinist 01-14-2021 02:36 PM

I have only been claiming one child. We have tried amending and changing the wording to indicate we are paying each other x.... And the CRA doesn't like that. He wants to change the wording on our separation agreement. My question is... Will this help?? I have no idea. Does anyone happen to know?

The way he wants to work is is remove all mention of child support guidelines and any term about it being offset. He also created a table showing what we 'pay each other'. I don't really pay him anything.. He makes a payment to me. This is why I am confused.

rockscan 01-14-2021 03:38 PM

I believe the language is along the lines of parent a will pay to parent b xxx in child support. Parent b pays parent a yyy in child support.

That way cra doesnt see off set or anything else. Do a search of the forum on cra as there have been many threads and a few people who had this issue have posted what they did that works for cra.


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Alpinist 01-14-2021 03:43 PM

Great, thank you!

StillPaying 01-14-2021 04:03 PM

Quote:

Originally Posted by Alpinist (Post 244873)
I have only been claiming one child.

That's good. Once CRA finally fixes this, your ex will receive the full amount owed and any overpayment to you would be paid back.

Quote:

I believe the language is along the lines of parent a will pay to parent b xxx in child support. Parent b pays parent a yyy in child support.
This is how my order is written. Including a 3rd line saying "The result shall be a set-off amount of x per month payable by y". CRA had no issue with it and we both claim a child.

Alpinist 01-15-2021 07:07 AM

Why would there be an overpayment to me if we are both eligible to claim one child each year?


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