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rockscan · #11 10-06-2020, 04:00 PM

You pay the difference. Otherwise there is no guarantee she will pay you.

Your agreement should specify how the dependent credit and baby bonus is split. For instance every odd year to one parent, even to the other.

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pinkHouses · #12 10-06-2020, 04:08 PM

Quote:

Originally Posted by LovingDad1234

I realize this thread is a few years old, but I did my best to search the topic before starting new thread.

When the CS is supposed to be offset, do BOTH parents pay eachother the amount of CS they are supposed to pay? For example, I give her the table amount for my income according to the guideline at $550/month, and she in turn gives me her amount according to her income at $300/month? Or is money only exchanged one-way by my giving her the $250 difference?

Is one method more preferable over another? Any implications on taxes or CCCB?

One method is preferable over the other.
In 2015 the tax laws changed to only allow the payee to be able to make certain claims.

There is a thread somewhere on here where the poster went to court to get the court order to state that spouse A had to pay $x and spouse B had to pay $x. The judge wrote the order for them.

From what I understand all it takes is a $1 CS payment per month (year?) to qualify for claiming. So if you don't want to get into it get the $1 a month in support and offset it with increasing your payment by $1.

Call the CRA, it is a mess talking with them but you might get relevant sections if you are persistent.

nofrills · #13 10-07-2020, 10:30 PM

With regards to the Eligible Dependent Credit, I was re-assessed and my claim was rejected because I had a set-off amount. However, I made two appeals to the CRA and on the second appeal, they granted my appeal because my separation said "to satisfy both parties obligation to pay child support". CRA told me that you need to clearly state that "both parties have a legal obligation to pay child support".

Even though my agreement had a set-off, it stated both parties had a legal obligation to pay child support. Do not use any "set-off" language it will raise flags like it did for me.

Make it super clear, you need to explicitly state
i) party 1 is legally obligated to pay party 2
ii) party 2 is legally obligated to pay party 1.

hope this helps
btw my appeal just came through last week so this is still fresh for me.

LovingDad1234 · #14 10-08-2020, 09:27 AM

Thanks for the response, excellent answer! I will simply continue to pay the Table amount as I normally do, and when the time comes for offset, I will continue with the Table amount and indicate that she is now expected to pay me the Table amount as well, according to her income. This will likely cause pushback. If she does not pay, I will file a motion for CS after a short period of negotiation, and ask for costs.

excel · #15 10-19-2020, 12:32 PM

Do yourself a favor and pay the full amount you owe and have your ex pay you the full amount they owe . Off set is a bad term in this case. Ive been there and CRA will not budge on the issue.

pinkHouses · #16 10-21-2020, 05:03 PM

Quote:

Originally Posted by nofrills

With regards to the Eligible Dependent Credit, I was re-assessed and my claim was rejected because I had a set-off amount. However, I made two appeals to the CRA and on the second appeal, they granted my appeal because my separation said "to satisfy both parties obligation to pay child support". CRA told me that you need to clearly state that "both parties have a legal obligation to pay child support".

Even though my agreement had a set-off, it stated both parties had a legal obligation to pay child support. Do not use any "set-off" language it will raise flags like it did for me.

Make it super clear, you need to explicitly state
i) party 1 is legally obligated to pay party 2
ii) party 2 is legally obligated to pay party 1.

hope this helps
btw my appeal just came through last week so this is still fresh for me.

This helps a lot, thank you!

So this only has to be in the separation agreement?

Do I add this clause to the separation agreement?:

1. To satisfy both parties obligation to pay child support:
(i) party 1 is legally obligated to pay party 2
(ii) party 2 is legally obligated to pay party 1.

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