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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 04-02-2012, 08:04 PM
winterwolf7 winterwolf7 is offline
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Default Daycare subsidy - moving in

My friend and his girlfriend are considering moving in together.


She and her ex husband share custody of their two children, and both of them qualify for subsidy and pay for the daycare independently on the weeks they have the children. (50/50 custody arrangement)


Obviously my friend has no financial obligation towards her children and they are being supported between her and her ex-husband.


However, after a year of cohabitation they would become common law.


At what point would the decision to move in together affect her childcare subsidy?
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Old 04-02-2012, 08:44 PM
Mess Mess is offline
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It depends on the rules of the subsidy, which are usually (depending on where the subsidy is coming from) controlled by the municipality. The rules do not have to follow the rules of Family Law or the CRA or anyone else. In most cases I've seen, it is based on "family income" and would include the parent's live-in boyfriend. In the case of welfare/Ontario Works, this would be effective as soon as they move in.
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Old 04-02-2012, 08:48 PM
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All people involved are working full-time. The question has been forwarded to the subsidy office to be checked against their rules. Thanks for the tip.

Between CCTB and daycare subsidies it's a really big disincentive to move in apparently!
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Old 04-12-2012, 02:56 PM
Teenwolf Teenwolf is offline
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CCTB will end after they live together for 12 continuous months. The same would hold true for UCCB. Under federal jurisdiction (UCCB and CCTB are adminsitered by CRA), at least one of the following must be true to be deemed common law:

1. Live together for 12 continuous months in a relationship
2. Your partner is the parent of your child by birth or adoption
3. Your child is solely dependent on your partner for support and your partner has custody and control of your child
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Old 04-12-2012, 03:01 PM
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Quote:
Originally Posted by Teenwolf View Post
CCTB will end after they live together for 12 continuous months. The same would hold true for UCCB. Under federal jurisdiction (UCCB and CCTB are adminsitered by CRA), at least one of the following must be true to be deemed common law:

1. Live together for 12 continuous months in a relationship
2. Your partner is the parent of your child by birth or adoption
3. Your child is solely dependent on your partner for support and your partner has custody and control of your child
CCTB and UCCB have nothing to do with your marital status. They are calculated on your income so no, they wouldn't end simply because you moved in with someone.
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Old 04-12-2012, 03:16 PM
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Quote:
Originally Posted by blinkandimgone View Post
CCTB and UCCB have nothing to do with your marital status. They are calculated on your income so no, they wouldn't end simply because you moved in with someone.
You're correct - CCTB and UCCB are based on income; however, your partner's income is considered too, once you're deemed common law. So marital status is very applicable. My GF lost her CCTB last month due to us living together for 12 continuous months and our combined income exceeded the CCTB income threshold.

I didn't specify this is in my previous post, but I was implying it.

Last edited by Teenwolf; 04-12-2012 at 03:20 PM.
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Old 04-12-2012, 03:22 PM
FightingForFamily FightingForFamily is offline
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Makes sense. We still haven't heard back from the subsidy office if the subsidy would cease immediately (retroactively who knows) or only after we became common-law.
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Old 04-12-2012, 03:27 PM
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Quote:
Originally Posted by Teenwolf View Post
You're correct - CCTB and UCCB are based on income; however, your partner's income is considered too, once you're deemed common law. So marital status is very applicable. My GF lost her CCTB last month due to us living together for 12 continuous months and our combined income exceeded the CCTB income threshold.

I didn't specify this is in my previous post, but I was implying it.
Your GF didn't lose her CCTB because you live together, she lost it because your combined income is above the threshold. Yes, you have to declare your marital status, but that doesn't necessarily mean a change of income if one partner/spouse isn't working. It's inaccurate to say that once you move in with someone your entitlement to CCTB and UCCB ends.
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Old 04-12-2012, 03:28 PM
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We were concerned about a retro clawback too, but that didn't happen. The CCTB just stopped after we declared being common law under CRA's definition and our combined income was too high. With this said, it's only been a month, so CRA may get around eventually to sending her an unpleasant letter demanding retro pay back. Only time will tell.
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Old 04-12-2012, 03:29 PM
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Quote:
Originally Posted by blinkandimgone View Post
Your GF didn't lose her CCTB because you live together, she lost it because your combined income is above the threshold. Yes, you have to declare your marital status, but that doesn't necessarily mean a change of income if one partner/spouse isn't working. It's inaccurate to say that once you move in with someone your entitlement to CCTB and UCCB ends.
Yes, which I already stated.
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