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The Arbitrator shut off Child Support and MEP because I lost…

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The Arbitrator shut off Child...
The Arbitrator shut off Child Support and MEP because I lost my job as a Geophysicist in 2015.
I claimed Undue Hardship. MEP closed their account between myself and my ex-wife and I no longer have to pay Child Support. My ex is re-married (for three years now) and they make $100,000.00/annual household income. My Wife has Multiple Sclerosis and can't work. She is applying for disability (AISH)My question is:If I am able to get a temporary construction job for $40,000.00 a year - what should I offer? Should I request CS from her? Should I say the only thing I am willing to do is split Section 7's 50%? I feel I shouldn't have to lower my household further, when my ex and her new husband make 100k. My Ex, who has a two year old with her new husband, and I share 3 children (11, 8 and 5) and there is nothing wrong with her (Physically). She was a dental assistant when we were married and I was told to request to impute her at $45k. She chooses to stay home and claims she only makes $13k from teaching Music - which I know is a lie, she made 25K when we were married (some cash jobs) - we have been divorced since 2013 (July 31). She is choosing not to work, I cannot work. The oil industry has crashed in Alberta and 100,000 people in my field are out of work.The Arbitrator "owns" the topic (Child Support), and we either agree or pay the Arbitrator to make the choice - however, I can't afford the fees, so the only option is agree or nothing.We have JT Custody - She has Primary Care. We live 8 mins apart, in the same town.
I have EOW Friday at 4:30 until Tuesday at 8:30 am, alternative Tuesday dinner, all holidays slit (each party gets a week) and Summer is week on, week off. I get Fathers Day and Thanksgiving Mondays.WWYD?
Submitted: 10 months ago.Category: Canada Law
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Customer reply replied 10 months ago
She collects 100% of the Child Tax Benefit - giving me nothing
She left me with $78k material debt - she took $9K - Van, Student Loans, CC and took 80% of the household items and ALL of the kids stuff (in 2013)We are in Canada - Alberta
Answered in 7 hours by:
9/30/2017
Lawyer: Debra, Lawyer replied 10 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,015
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 10 months ago

I am sorry to hear this.

Who said she can claim 100% of the Child Tax Benefits?

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Customer reply replied 10 months ago
No one said she can. She just dose. Since we separated in feb of 2012 until present
Customer reply replied 10 months ago
Does
Lawyer: Debra, Lawyer replied 10 months ago

She does not have the right. These benefits should be shared equally between the two of you. You can tell her that you want to instruct the CRA to split the benefits and if she doesn't agree unfortunately what will happen is the will not pay anyone.

In terms of support how this works is you would take what you are earning and figure out what you would pay for three children and from that subtract the support based on the income she would be imputed. But if it looks like the numbers are similar then it would not make sense for either of you to pursue support from the other.

Does that clarify the issues?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 10 months ago
Do we send her lawyer an email asking for our portion of the CTB? How do we know how much we are owed/should get? We don’t have 50-50 physical custody, but the kids are physically in my house 13 times a month.
Customer reply replied 10 months ago
do we ask for backpay from feb 2012?
Customer reply replied 10 months ago
Sorry your advice contradicts everything I’m reading on the net. :-(
How do I ask her lawyer for the money? What do I say?
Customer reply replied 10 months ago
Should we just go to H&R Block and have them re-do our taxes and apply for our CTB that we are entitled to? We have the Arb agreement plus the written agreement on the Family Wizard to split Summer 50-50 (week to week) going forward (used to be I only got two weeks in the Summer, now I get 4.5 full weeks)
Customer reply replied 10 months ago
or just call the CRA and let them handle it? - Sorry for all the messages
Lawyer: Debra, Lawyer replied 10 months ago

I didn't realize when you told me the times you saw the kids it wasn't each week. I now realize what you mean when said EOW. If you don't have the kids 50% of the time you won't be able to share in the child tax benefits. I am sorry. I should not have disregarded that short form. I just had not seen it before.

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Customer reply replied 10 months ago
the kids are with us 13 times a month and we aren’t entitled to anything? You can’t be serious....
Customer reply replied 10 months ago
split summers and holidays
Customer reply replied 10 months ago
What is this? A Cash Cow for Women? Get pregnant and have kids so you can collect a paycheque? Child Support, Spousal Support, 85% of MEP, 100% of Child Tax.... all while the Father is bankrupt and starving?
Lawyer: Debra, Lawyer replied 10 months ago

If she agrees the CRA will split it. And in any event they won't split if if you both don't agree. They will just not provide it at all.

But it's not likely that a Court will order that you split it if you don't have the kids half the time.

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Customer reply replied 10 months ago
Wow. Get pregnant and get a huge payday...... what a joke
Customer reply replied 10 months ago
Or I can just call the CRA and make a stink and they won't send anything> mind as well do that!
Lawyer: Debra, Lawyer replied 10 months ago

The point is that the benefit is supposed to help low income earners with expenses because children are so expensive. The child tax benefit doesn't come anywhere near covering what it actually costs to raise kids.

And in fact if her spouse is earning as much as you are saying she will not get much.

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Customer reply replied 10 months ago
She makes a household income of 100k/year with her new husband..... she gets $1488/month. Currently I am unemployed and my wife has MS and can't work, But ya.... give her all the money cause she's a woman...
Customer reply replied 10 months ago
She is NOT Low Income... again, joke.
Customer reply replied 10 months ago
I earn $0.00, My Wife earns $0.00
my Ex earns $13k (more like 20 if you count the cash she hides, and she is able to be a dental assistant for 45k) her husband earns 87k
Customer reply replied 10 months ago
Please don't lecture me on what is costs to raise kids. I am a Father, not a second class citizen.
Lawyer: Debra, Lawyer replied 10 months ago

I think we are done.

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Customer reply replied 10 months ago
I’m not paying you then
Customer reply replied 10 months ago
I want someone else. You’re always condescending and rude.
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