We share 50/50 custody of our 2 kids. I believe my ex is taking 100% of the child tax benefit. I don't qualify as I make over $150k. How do I find out if she is doing this? She won't do any additional financial disclosure - I've asked for the records per our sep agreement.
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Have you argued to have an imputed income? That would be the first step in the process. Then depending on why she doesnt work, you could argue that all of the extra benefits she gets should be considered income for imputation.
Just for shits and giggles. If her income is $24,000 (or imputed minimum wage) and you add the annual $6000. Its only a difference of about $100 a month. You are going to fight with her over $100 a month which realistically is going to cover living expenses of which the kids enjoy? If her income is 24 and your is 150, the extra 6000 a year provides more of a benefit to the kids.
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Originally posted by Janus View PostI thought government benefits are not included as income?
Other than pure vindictiveness, I fail to see how this can help OP at all.
They aren’t. I have a feeling this is more about the ex not working and a high income earner not liking having to pay so much.
Let this be a lesson to anyone setting an agreement. Make sure the government benefits element is dealt with in your agreement and there are conditions regarding one partner deciding not to work.
Or file for imputation of income!
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Originally posted by arbortrail22 View PostWhile I appreciate your responses and assumed conclusions ...
My questions is.... is there a way to find out if the children's benefit is being paid at 100% or 50%. Can you inquire on behalf of the child?
It's a dick move that hurts your kid and doesn't help you, but perhaps you have your reasons.
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Originally posted by arbortrail22 View PostWhile I appreciate your responses and assumed conclusions ... My question is.... is there a way to find out if the children's benefit is being paid at 100% or 50%. Can you inquire on behalf of the child?
There is no way to find out unless she provides financial disclosure.
If she isnt working and you think she should be, you have to file a motion to impute income.
You came to an anonymous forum. If you want legal advice with no judgement, pay a lawyer.
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Here is how CRA and CCB works...
Basically just apply for it anyways... you will be on file as a Primary caregiver but receiving $0... this can also be good if let's say you open an RESP for your child and perhaps they qualify for additional grant or the CLB... if you are not on file at CRA has a Primary caregiver, you would need your ex to put her information ... basically what I am saying is that there is nothing stopping you from informing CRA that you are in a shared 50/50 custody, apply for the benefit, be recognized has a Primary caregiver and receive $0... that way they will look at the other Primary caregiver. You may also be asked to provide documentation or have people sign a letter to confirm the 50/50 arrangement.
Oh and this shall answer your question if she was claiming 100% custody since yo may get an angry call or email from the ex...
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