CCB (shared?)

D

Dedicated Dad

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If parents are in a Shared Custody situation and is minimum 60/40 (some will then just say 50/50) then what is the rights or guidelines in regards to the Canada Child Benefit (CCB)? We have two children and she has not made mention if and or how much she has been receiving.
 
There should have been something in your agreement about both this and the eligible dependent. If there isn’t, the lower income earner claims the ccb and you don’t get any of it. As for the eligible dependent, if you have a shared physical custody situation, you would need something in your agreement for each of you to claim it in off years.
 
Im making a motion to change support amounts due to previous year income (it's lower) so I suppose this should also be a raised issue. The past 3 years incomes show where she actually earned more than me one of those years...do I raise that point? Can I ask to have the amount(s) disclosed to me to see how much has been received since the CCB inception?
 
If she has the kids more time she would get the ccb. Remember too that the ccb is almost non-existent for people earning more than a certain amount (I would guess 60-75 grand is the low end).

CCB is most likely $200. Its not worth fighting over $200. Your legal fee for an hour is more!
 
You should also be updating each year regardless of what is happening. Why isnt she agreeing to an update yearly?
 
We are both guilty of not updating....but its come to a head now...if CCB is a low number then yes i will avoid any acrimonious situation but when i look online and see that it could be somewhere in the annual amount of $7100.00 (using gov't calculator and a relatively close income number of hers) then that irks me......some forums have shown cases (posted) of a parent informing CRA of shared time and being awarded 1/2 the benefit.
 
rockscan said:
There should have been something in your agreement about both this and the eligible dependent. If there isn’t, the lower income earner claims the ccb and you don’t get any of it. As for the eligible dependent, if you have a shared physical custody situation, you would need something in your agreement for each of you to claim it in off years.
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My sister and her ex both claim it... they both get half of what they would get if they had full custody. Nothing in their agreement about who claims what... if you are in shared custody you can claim it. If the other parent disagrees (which they will if that means they lose money) then neither of you get it unless you can prove you have full or shared


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Berner_Faith, that's what has been pointed out to me as well, that although it wasnt mentioned in our agreement if children truly shared (and with proof) that both parents can claim/share CCB....I expect there will be pushback from ex side and thats why im looking for some concrete facts to refer to. Same goes for the whole Life Insurance issue...I have ex as beneficiary in trust to kids but she has her mother!! I'm making a motion that hers mirrors mine (i'd be put in as much a challenging position as she would be)....
 
couldnt you put life insurance in trust to the kids with someone else as the mother? The money would still go to the kids and coudl even be paid out to the mother as child support month by month, it is just that the other person (grandmother, uncle, lawyer, whoever) would administer the trust. Why would it have to be administered by the other parent?
 
I'm ok with my ex being beneficiary in trust to the kids.....what im not good with is that im not on hers. I do not want and should not have to go to the grandmother for funds necessary and be made to explain why/how much etc.....it was written into agreement back 12 years ago and i didnt truly realize the ramifications at the time. I simply want it same going forward.
 
Well technically it doesn’t matter who is the beneficiary. The life insurance is to cover child support in the event of your death. If she dies, you have a claim to her estate to cover the child support and you would be able to argue against the executor of her estate. I wouldn’t worry so much about that one.
 
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