Amend separation agreement question

Alpinist said:
Why would there be an overpayment to me if we are both eligible to claim one child each year?
Click to expand...
Because in 2020, if you received $2,000 for CCB when the reality is that you should have received $1,250 and you ex receive $750, the CRA will ask that you give back $750 so that they can rightfully give it to your ex.
 
As far as I know my ex and I both collect CCB and it's only the "amount for eligible Dependant"amount that is in question.
 
rockscan said:
No. Do not agree to this.

As for the last clause, change it to

Should the child live away from home for post secondary studies, support will be paid at full table for the months the child lives at home (May to August) and this amount is to be averaged out over 12 months accordingly.


Sent from my iPhone using Tapatalk
Click to expand...

This is great advice, thank you so much! Our agreement states that we are to discuss post secondary expenses when each kid is in grade 12. They are only in grade 7 and 8. Its hard to determine what kind of support I'll require so far in advance.
 
I haven’t checked recently for updates as it no longer affects me or any clients, but generally shared custody = shared CCB. Each parent is considered based on household income and receives 1/2 of their respective amount. Very straightforward & no bickering.
Last I checked, eligible dependant credit depends on who is paying support. Historically it was that if a parent is “paying support” for a dependant, then that parent is not entitled to claim the credit for that dependant so only one claim max. was available per former family unit. There were some issues re: offset support where this effectively disqualified both parents but I think that was remedied...

feel free to correct me if I’m wrong!
 
Another thing has come up as my child is applying for high schools. My ex has sent me a text stating he is having them apply to high schools. We live 20 km apart from each other in the same city There is a high school near his house but they are not eligible for bussing. We could likely swing having them go there. There is a high school near my house that they could be bussed from.. Only 5 km's from my house.

He has notified me that he is having them apply to 3 high schools..

The 3rd high school is 40 km from my house and 18 km from his house. It is not in the city that we both live in. It is in a direction away from the city and also away from my work as I work in a central location in the city. The reason he is applying there is because girlfriend lives in a town near that school.

I know my child does not want to go to that school.. However him applying me is frustrating.. Should I do anything about this or just ignore it as I don't think there is any chance they would go there.
 
Call the school board and find out about rules on addresses. Kid may not be eligible to go to a school where they don’t live.


Sent from my iPhone using Tapatalk
 
They are eligible to go to that school based off his address as he is closer to the school. He lives on the edge of the city limits of the city we have always lived in. The school is in another town outside of the city. This school is 40 km distance from my house in a different town.

I worry if they decided to go to that school that my ex would move out that way to move in with his girlfriend who lives nearby. If he did move out there... It would become a custody battle for full custody as we would not be able to maintain a 50/50 custody schedule with the kids living 30 to 40 km's away from my house.

I realize this is speculation however I have seen some pretty crazy things happen with other families that I know.
 
I (foolishly) agreed for him to pay me an agreed upon amount of child support a year ago since I was getting so tired of dealing with him. He's been a pain when it comes to figuring out the child table support amount. It should be easy right?!? Just exchange incomes at tax time. He was constantly trying to negotiate to pay me less for example not include overtime and bonuses. If I were to guess I would say he doesn't want me to see his tax return.. As he's received a big promotion at work and also is working overtime and has an income property now.

Not sure what to do now. Since he is wanting to amend the agreement now before tax time.. Would it be fair for me to ask for the table support amount of child support? Thats what we should have done all along.

Thing is.. I just want to be done dealing with him.
 
You wanting to be done with him doesnt mean he gets to skirt his responsibilities to his kids.

I would counter that you want to see his full tax return as well as proof of his 2020 income before agreeing to anything.

Truly if he wants something he needs to play ball.


Sent from my iPhone using Tapatalk
 
Alpinist said:
Would it be fair for me to ask for the table support amount of child support? Thats what we should have done all along.
Click to expand...

Not if you have an agreement. Does it mention updating support or exchanging taxes? Regret is not a material change.

Fix the wording so you can both get the child benefits, as agreed upon. Delaying this is foolish. No need to amend for highschool, university or anything else your ex wants.
 
Yes we are supposed to exchange tax returns. We just didn't last year.

I agree... We don't need to update post secondary wording.. They are only in grade 7/8.
 
So basically his major demand is to update the agreement so he can claim one child. The rest are moot updates and unnecessary.

Like I said before, tell him you will consider updating the agreement but until he provides full disclosure on his 2020 income you will not consider it.

Then when he sends that to you, you figure out what the new amount is and propose you update to that with the wording CRA will accept. Tell him the remainder of his requests are irrelevant at this time and you can discuss school expenses with the kids when they are prepared to apply for school.


Sent from my iPhone using Tapatalk
 
rockscan said:
So basically his major demand is to update the agreement so he can claim one child....
Like I said before, tell him you will consider updating the agreement but until he provides full disclosure on his 2020 income you will not consider it.
Click to expand...

He has been trying unsuccessfully for years to get the wording fixed in accordance with their agreement. This delay will not look good on the OP. Holding it hostage will be even worse.

Ex is doing everything right, following the order and paying the correct amount. Yet he's been missing out on thousands due to OP's delays.
 
Thank you very much, that is very helpful. Should he be paying my legal fees to update the agreement since it is a benefit to him for his taxes? Thanks
 
Still paying you have this wrong. For the past few years my ex has been asking me to submit all of these amendment forms for him during taxes thinking this would help and I did everything I could to try to help him including signing and attaching forms to my tax submission.. In order to help him. I have done everything he has asked. It was only a few weeks ago my ex reached out to me asking to update the agreement to fix this, hence why I am on this forum now.. Trying to determine my next steps. I have trying to fix this with him for years, all the while he is paying me below the table support amount of payment. If anything he owes me money.
 
StillPaying said:
He has been trying unsuccessfully for years to get the wording fixed in accordance with their agreement. This delay will not look good on the OP. Holding it hostage will be even worse.

Ex is doing everything right, following the order and paying the correct amount. Yet he's been missing out on thousands due to OP's delays.
Click to expand...


No he hasn’t, her original posts were asking how to change the wording as they have tried other measures and it doesn’t work. He has now also asked for additional wording to be changed that is unnecessary AND he hasn’t been providing proper disclosure.


Sent from my iPhone using Tapatalk
 
Alpinist said:
If anything he owes me money.
Click to expand...

This is sad. You have an agreement. You know he is paying the amount you agreed on and you also know he is missing out on thousands of dollars over the years which you agreed to as well.

The only way to fix the issue is with an updated agreement/court order. You're not changing a thing except being more specific on how the support amount is paid. This doesn't affect you at all. Instead of sending your letter to CRA, you just need to consent to him sending it to court.

You don't need to amend for post secondary or anything else if you don't want to. What does your agreement say about updating child support?
 
Last edited:
Our agreement states that he is to be paying me the table amount of child support.

Thanks Rockscan for your advice, I will take you up on it.
RT
 
You must log in or register to reply here.
Back
Top