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CCTB Interpretation (not your typical post on this issue)

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  • CCTB Interpretation (not your typical post on this issue)

    So I received a response finally on my CCTB application.

    I am the step parent and CRA recognizes the woman in the home as being "primarily responsible" for children. And they will only pay one person in the home CCTB and since I have other children - it was me who applied for the shared parenting situation for my husband's children.

    So, they have deemed I do meet the shared parenting situation but only for the summer months. I'm not exactly sure how they came to that conclusion because we meet 47% for odd years and 48.5'ish % for even years because of rotating spring break, etc. situations.... I'm assuming that they look at it on a month by month basis and there is some stupid criteria of meeting the 40% rule the month before and after a month to even be qualified for a month of CCTB (and some months like May that have mother's day her numbers are high because of mother's day weekend and ours would be high in June on account of father's day, but then we don't meet the month before for May which I guess precludes June...).

    So my question is: Do I even dispute this? Because the information on the web and does not say "in a month" it says you must have a fairly regular rotation blah blah blah.

    Truth be told, we are eligible for CCBT shared parenting for whatever months they deem appropriate, but we qualify for $0 for the months we are eligible. I just have a problem with mom collecting more of our tax dollars than she is legally entitled to by virtue of not declaring previously the shared parenting situation. I suspect she is also declaring a single status when she is married/common law too.

    Do I challenge this to get what I think should be a shared parenting status for all 12 months?

    Thoughts?

  • #2
    I would try to fight this, it makes no sense, to me anyways. How can they figure out a shared parenting situation for just the summer months if it's pretty much equal every year?

    My ex told me when we split that they she entitled to full CCTB and UCCB even though we have had shared custody/access time. 1.5 years later I find out she was wrong, contacted CRA, they back pay me for 1.5 years worth of half of what I would have gotten full custody, and the ex had a huge bill to pay back half of what she had been illegally collecting all that time. Karma.

    They may even do an audit on the other party to find out any other information they may be hiding. I would say fight it as much as you can, speaking from experience it can work out good if you yourself aren't hiding anything.

    CRA is tricky though as they have their own regulations and rules, they seem to change their information quite frequently I've noticed, especially when claiming a dependent in a shared custody situation.

    Good-luck!
    Last edited by honestdad; 02-26-2015, 06:18 PM. Reason: spelling mistakes

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    • #3
      I'd like the math they used to determine this...

      The other day I called cra on a separate issue and I asked a question to the agent and she spent 30 minutes looking into it and then responded: I don't know the answer, thank you for calling!

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      • #4
        For us we had a shared custody situation but I was less then 40% for the month but when you calculated the full year I was over 40%. We get half the child tax credit every month.

        Our situation has changed so we have just sent the new order in and I am hoping that I will start getting it all because we have 10 out of every 14 days.

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        • #5
          In my case, they counted hours for each month. Because of how our order was worded, with specific exchange times. I had to fight, but got summer months recognized at least.

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          • #6
            They only did one year. Then I had to fight for past years too, and got summer months for those past years too. We'll see what future brings, but I suspect I will have to ask for this to be reviewed each year.

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            • #7
              Well as it stands I will always have to retroactively ask for it... I don't know how they can do this. Andd I can't figure out how they calculate. We aren't in hours. Transfers are done through school and ARE over 40 percent no matter how you do the math. In addition we provide transportation to many medical apps (at least half likely more), pay and transport to 70 percent of all extra curric, hair cuts, etc. So we definitely meet "primarily responsible".

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              • #8
                Did you write a letter to point that out? I also had to provide not only the court order but a print out from the school as child is registered in my local school and my address is listed as the primary address? I would write out a letter detailing how often you have child and show how it works to over 40% as well include documents that list you as a primary contact for anything rec activity, school, medical ect. Then write out your reasons why you feel you are primarily responsible.

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                • #9
                  Yes I did. My application was 2 inches thick. I keep meticulous records. Every thing was validated several times by official receipts (even permission forms for me to go on field trips with kids, etc).

                  It comes down to this - if it's 40 percent over the year - we meet that. If it's 40 percent for each month then there a few we don't. Not sure where to source that info. I'm tired of funding others unnecessarily. I surely don't get to reap any of the dang rewards of gov't programs by virtue of my income. I just get to fund everyone else's. And some aren't deserving/eligible!

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                  • #10
                    I have read somewhere that it is by month and needs to be 2 consecutive months

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