CP payments / Fitness tax credit

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ina75

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Hi there....

I have full custody of my son since 2009, when he was 9(he is now 12). He has been playing hockey since he was 4.
After I received full custody, his father has not paid anythig towards his hockey nor school fees, stating that those are included in the child support and I get to claim the Fitness credit.
This credit is 500$ a year, and I pay around 2000$ in hockey and school fees.
Is he really of the hook with paying his share of these fees? Our salary ratio is 60% - 40%(me).

Can someone please help me with this? I really appreciate it.
 
No he is not off the hook, however the fees that are shared proportionate to income are what is left over AFTER any tax rebates... for example if you receive $100 a year as a tax break, you still wouldn't split the $2000, you would split $1900.

Another factor is incomes. For instances, if he makes $150,000 and you make $100,000 you would still only be on the hook for 40%, however he would be paying over $1200 a month in CS and hockey expenses of $2000, may not be considered extra ordinary.

Section 7 are tricky, because if he does not have a high income and cannot afford the hockey, he can simply refuse to consent on the fact that it is out of budget based on your incomes.

Is the son gifted in hockey? Is he playing house league? Traveling team?

A lot of factors go into considering section 7 and more details would be helpful
 
Back in 2008, he was a firefighter, and his salary showed 85,000$, while mine was 70,000. Now, he is a fire prevention officer, and have no idea of his salary, since he doesn't communicate with me at all.
Back when we had joint custody, he always paid 50% of his activities.
Our son is in a double letter Hockey league(peewee BB) and he was selected for a hockey school based on his hockey performance.

Last year hockey school fee was 2050$ and the hockey was around $1000.

When I asked for his share, he pointed out that he pays 530$ in child support and that I get to claim the fitness tax.

I am so confused about this fitness credit.... And I really appreciate your answer.
 
Tax information should be exchanged yearly and CS payments and section 7 payments should be updated annually.

See this thread

It will give you some helpful links on how the credits work.

Simply answer to your question, is no he is not off the hook for section 7 expenses, however incomes do need to be updated and you do need to take into consideration any benefits you receive before he is responsible for anything.
 
Yes ... take $75 off the top, so that leaves $425, which they split 60/40.

So he pays 60% of $425 = $255, instead of 60% of $500 = $300.

So his share is reduced by $45.
 
Sorry, right ... take $75 off the top, so that leaves $1925, which they split 60/40.

So he pays 60% of $1925 = $1155, instead of 60% of $2000 = $1200.

So his share is reduced by $45.

Isn't math amazing!
 
Only reason I was pointing that out is because the OP is already confused and I didn't want her to think only $500 was split, because in reality the $500 means little when you look at the whole picture.
 
Agreed.

To the OP, when you had joint custody, you each shared the expenses, but now that you have sole custody, 'ordinary' hockey expenses are part of the CS paid. What is 'ordinary' vs 'extraordinary' depends on your income+CS. As BF wrote before "Section 7 are tricky, because if he does not have a high income and cannot afford the hockey, he can simply refuse to consent on the fact that it is out of budget based on your incomes. "

Search on CanLII for the terms hockey "extraordinary" to see some examples of the reasoning done by judges.
 
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