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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-05-2021, 02:04 PM
Brampton33 Brampton33 is offline
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Default When to Apply for CCB?

When would one apply for CCB in a joint parenting situation?

1- Is it when you have 50/50 parenting?
2- Is it when you have 6 overnights out of 14 regardless of hours in one's "care"?
3- Is it when you have over 40% parenting time?

CRA info on this is somewhat vague stating that you can apply if you roughly share equal parenting time. Thanks for forum insight.
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Old 03-05-2021, 03:00 PM
rockscan rockscan is offline
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There have been a number of posts on this and how your agreement has to be worded. A search will help you answer this.


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Old 03-05-2021, 03:06 PM
Brampton33 Brampton33 is offline
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Agreement is silent on CCB as CRA is not bound by any separation agreements or court orders. I guess I can just apply when I feel I should be receiving CCB and see what outcome is
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Old 03-05-2021, 03:24 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Brampton33 View Post
Agreement is silent on CCB as CRA is not bound by any separation agreements or court orders. I guess I can just apply when I feel I should be receiving CCB and see what outcome is

You have to have certain wording to be eligible in an offset situation. So while you apply, it might be denied to your ex and then denied to you both which would create a bigger mess. Do a search on it in this forum to understand what you need to have in place otherwise you will create more grief for yourself. Having a silent agreement means nothing. You tun the risk of losing the benefit entirely.


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Old 03-05-2021, 03:41 PM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by rockscan View Post
You have to have certain wording to be eligible in an offset situation.
It was made pretty clear to me by my lawyer that the CRA does not give a hoot about any wording or phrases of a court order or agreement. They are not bound by anything it says. The court order can say "starting January 1, 2021, CCB will be divided equally" that does not compel CRA to adhere to that clause.

My question was relating to when is the right time for me to apply for CCB? CRA website states its when the kids spend roughly equal amounts of time between both homes. My question was related to what exactly is considered "equal amounts of time". 50%? 40%?
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Old 03-05-2021, 04:07 PM
rockscan rockscan is offline
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Yes your original question was when can you apply but before you apply you must be sure that you can actually get it in a shared custody situation. You have to be eligible and that includes having proper wording regarding finances.



Your lawyer is an expert in family law, they are not an expert in CRA procedures or an accountant and as many other posters have found on here, they have to battle CRA to get the benefit even when their agreements are "silent" on it. Your lawyer could tell you the sky is actually pink and you have the best case ever but that doesn't make them right. Most agreements are silent because most lawyers are lazy and use a template for agreements rather than doing some actual legwork on CRA expectations for parents who share custody. For the longest time only one parent received the tax benefits and that has changed in the last few years and now parents who are suddenly eligible are being declined or they are losing their benefits because a) nothing is in an agreement and b) they battle over it and CRA says screw you both.


So if you want to be eligible to apply for it WHEN the right time comes along, you should do some research on how you go about being eligible and the first step would be a deep dive in the financial forums, a search of CCB and a search of CRA. There was an excellent, knowledgeable poster on here who laid it out clearly to be eligible. I can't remember who that was and it's been a few months but it's here for you to find.


There's also the CRA site: https://www.canada.ca/en/revenue-age...you-apply.html which has a brief mention of shared custody arrangements.
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Old 03-05-2021, 06:05 PM
Brampton33 Brampton33 is offline
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The answer is right there in the CRA website, which I quote:

"If the child shares their time about equally between the parents, then both parents are considered to have shared custody for the purposes of the CCB:

- each parent must immediately tell the CRA of their new custody agreement
- the CRA will calculate the amount each parent will get separately, using their respective adjusted family net income
- each parent will get exactly 50% of what they would have gotten if they had full custody of the child, calculated based on their respective adjusted family net income
- the CRA will not split the amount using other percentages, or give the full amount to one of the parents."
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