Separation agreement

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It becomes void only if you both claim for the same child. We also have 3 kids and our agreement states that we each claim for a different child. When we were turned down it was because he claimed the wrong child...
 
You should be able to apply for different kids. You should be on file as being 50/50 which AFAIK requires applying for cctb and jumping through those hoops. If she is collecting fulll cctb then they will certainly reject your depenant claim. She might also have claimed all the children without your knowledge.
 
Mess said:
You should be able to apply for different kids. You should be on file as being 50/50 which AFAIK requires applying for cctb and jumping through those hoops. If she is collecting fulll cctb then they will certainly reject your depenant claim. She might also have claimed all the children without your knowledge.
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I have not applied for the CCTB, but I will.

I have seen her tax return for the previous 3 year that I was rejected and they are in agreement with mine - I claim my son (denied), she claims our daughters (accepted).

Our agreement states 50/50 and offset method, our receipts show me paying her because I make more.

This is a significant amount of money. I guess I'll call the CRA and/or apply for CCTB.
 
billm said:
I have not applied for the CCTB, but I will.

I have seen her tax return for the previous 3 year that I was rejected and they are in agreement with mine - I claim my son (denied), she claims our daughters (accepted).

Our agreement states 50/50 and offset method, our receipts show me paying her because I make more.

This is a significant amount of money. I guess I'll call the CRA and/or apply for CCTB.
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Okay I applied for CCTB online (sort of - have to send in copies of birth certificates which I keep handy on my computer :) ). I think that should help after cruising 'My Account' at CRA.

I applied retro to when we split in 2007 (we've had 50/50 since split) - does that mean my ex will have to pay back some of the CCTB? That would suck - I know she was not eligible for it, but still, she will blame me!

Atfer CCTB claim is accepted, then I should be able to request my denied dependent claim be overturned and lots of refund coming my way!!
 
billm said:
Okay I applied for CCTB online (sort of - have to send in copies of birth certificates which I keep handy on my computer :) ). I think that should help after cruising 'My Account' at CRA.

I applied retro to when we split in 2007 (we've had 50/50 since split) - does that mean my ex will have to pay back some of the CCTB? That would suck - I know she was not eligible for it, but still, she will blame me!

Atfer CCTB claim is accepted, then I should be able to request my denied dependent claim be overturned and lots of refund coming my way!!
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Yes, if your claim and application is accepted by CRA, they will send you the CCTB based on the date you were eligible (ie 50/50 for the kids living in two separate homes). The exact amount is based on your income and civil status (single-dad).

Then CRA will calculate the overpaid amount your ex has received over the years.

An interesting point is that the two amounts are not always the same. Depending on the incomes of each of you, you may receive retroactively for example $2K for two years, but she might have to pay back a larger amount $3K if she earns less. But that's the $$$ she shouldn't have received anyway to begin with as Mess has pointed out.

This is what has happened to me for my first child. So go for it if physically your kids live in a 50/50 arrangement. This is what you are entitled to, actually this is what your kids are entitled to when they live with Daddy!!
 
billm said:
Okay I applied for CCTB online (sort of - have to send in copies of birth certificates which I keep handy on my computer :) ). I think that should help after cruising 'My Account' at CRA.

I applied retro to when we split in 2007 (we've had 50/50 since split) - does that mean my ex will have to pay back some of the CCTB? That would suck - I know she was not eligible for it, but still, she will blame me!

Atfer CCTB claim is accepted, then I should be able to request my denied dependent claim be overturned and lots of refund coming my way!!
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We can see that there is indeed tons of refund coming your way:). There is a bonus that CRA even pays Interest owed to you over the years. And of course your ex has to pay back the overpaid amount, plus interest.

Strongly encourage you to buy her lots of Tim Hortons Ice Coffee / Iced Cappuccino to calm/cool her down - seriously!!
 
LakeErie said:
We can see that there is indeed tons of refund coming your way:). There is a bonus that CRA even pays Interest owed to you over the years. And of course your ex has to pay back the overpaid amount, plus interest.

Strongly encourage you to buy her lots of Tim Hortons Ice Coffee / Iced Cappuccino to calm/cool her down - seriously!!
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I actually have no idea how severe her reaction will be - even though it would not be my fault - it would be her's (her accountants that is)...scary stuff!!

I just called the CCTB hotline and the guy told me that CCTB starts the day I apply, there is no retro.

I have heard it was retro on this site many times, and again here - how can the hotline disagree??

Have to see what happens - retro seems to make sense to me. Claiming the dependent, that is my main focus, and retroactively - it is my right!!
 
billm said:
I actually have no idea how severe her reaction will be - even though it would not be my fault - it would be her's (her accountants that is)...scary stuff!!

I just called the CCTB hotline and the guy told me that CCTB starts the day I apply, there is no retro.

I have heard it was retro on this site many times, and again here - how can the hotline disagree??

Have to see what happens - retro seems to make sense to me. Claiming the dependent, that is my main focus, and retroactively - it is my right!!
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Of course it's retro.

Have the Court paper or the Divorce Agreement papers ready and send them a copy. You need do more than just applying on-line as they do need copies of those documents as proof. Tell them and show them when the 50/50 started. Good luck!
 
Yup, it's retro but I believe you may only be able to get retro for 11 months. According to their website and the people I spoke to last year it's 11 months, however it may be different in a situatoin like yours where she was getting the money you should have. In my situation, neither of us was getting it when I was entitled to it. I just didn't realize at the time I was entitled to it as I thought I had to wait for the next tax year so didn't apply for it right away.
 
When we split I applied several months later, I think it was September.

The CCTB runs from July-July so they can base it on your yearly assessment.

They made it retro to July, she had already received several cheques. They sent her a notice she'd been overpayed and she had to either pay it back or it would be added to her next income tax assessment (essentially she got that much less of a tax refund the following year.)

My understanding about retro is that if you apply in August it will be retro for 1 month. If you apply in June it will be retro for 11 months, it goes back to the start of the yearly cycle in July. However that is based on what happened to me, I might have it wrong.
 
DTTE told me that he thought is was retro more than 11 months ONLY if you ask and ONLY if no one else had received the CCTB.

Anyway I'm on the road to CCTB so I'll post what happens. I did state in the online CCTB application today that equal shared custody started in 2007, and I supplied in the supporting documents sent by mail a copy of the separation agreement that specifies the same.
 
Oh you should definitely ask, the worst they can do is say no! ANd you know you never get the same answer twice from CRA so call back a bunch of times and ask until you get a yes!
 
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