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Child tax benefit

Carah's picture

Submitted by Carah on Thu, 07/04/2013 - 7:43pm

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General Discussion

Hi all, bm has been collecting the child tax benefit for the last year while sd5 has been living with us and in full sole custody of SO. So he called today to get it switched ove they said she will have to pay it back with adequate period that sd has been with us which is all fine and good and we have that covered. Here is the question because we are common law my income helps determine the amount he gets. When he goes to court (as she is trying to change the custody even though she hasn't seen her in 2 1/2 months) will they take my salary as income and does that affect child support also does that make me financially responsible for this kid? He also asked her about paying for half of summer activities and she said because he has sole custody she has no financial obligation for sd. Is that true? I'm trying to hang on I really am but am now worried for MY future and what I may be or become liable for. Thanks all.

thebrokenrecordmachine's picture

Submitted by thebrokenrecord... on Fri, 07/05/2013 - 12:37pm

Hi Carah, I live just outside of Toronto.
My EX, cashed in our Daughters Child Tax Benefit and put down that she had primary residency with him. Au contraire, we have joint custody with primary residency being with me. Let me say, he was not happy with this as the CRA went after him...he thought because he had a new baby he was privileged to both. He had to pay it back and demanded a copy of her Birth Certificate, I said no.
Sole Custody and Joint Custody, only deal with decision making. If your DH has Sole Custody, he gets the final decision in lets say, DH wants to send his Daughter to Public School instead of a Catholic School, the final decision in a sole custody arrangement is...SD is going to a Public School. Joint Custody means both parents get an equal say in where SD should go to school.
As for you, no your income is not factored into CS at all.
The only time it can be factored in, is if the BM declares "undue hardship" that is where they look at her household and compare it to yours. If her income is less than yours and her debts are greater than yours, than she can reduce her child support by a fair amount according to the CS Tables.
In a Sole Custody or Joint Custody arrangement, she is obligated to pay CS. However, if it is shared custody arrangement 1 week with you, 1 week with the mom, than CS is typically not paid unless a parent makes significantly more, but the CS will not be as much as the tables.
As for her getting custody, unless she can demonstrate and prove she has changed her ways, she may be granted joint custody. But hopefully that doesnt happen.
Try not to worry too much!
Best of Luck!

Carah's picture

Submitted by Carah on Fri, 07/05/2013 - 4:45pm

Thanks to all of you I have decided that I do want to be with my SO so just need to take it day by day and whatever the crazy bitch throws at us we will handle it. For all of you near Toronto I am near Burlington maybe we should have a coffee SM bitch session would love that as I know all the support we can give and share is so helpful. I'm game if you are

mama_of_many5's picture

Submitted by mama_of_many5 on Tue, 07/09/2013 - 3:34pm

I live in AB Canada and can answer that no, your money is never factored in for CS. The only time BM could attempt to argue about getting money from you is if your SO lost his job and you supported him financially. But otherwise worry not, what's yours is YOURS Smile