• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

The ex is taking half my child tax payments.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

hiphop77

Junior Member
I am a single full time parent to a 9 year old little girl. I have had custody of her since she was 2+ years old. We have a court agreement from 2009 in the province of Alberta station that we have joint custody, but I am the primary parent, and Revenue Canada has me as the primary parent. The mother gets my daughter 3 weekends a month from Fri 6Pm to Sun 6PM. The 4th weekend she continues to stay with me, but her mother gets her one day during the 12 day stretch I have her consecutively. So basically I have my daughter 23-24 days a month, depending if it is a 30 or 31 day month.

My ex has filed her taxes this year and has filed as being a joint parent and thinks she is entitled to half my GST cheque and half of my CCTB (child tax) cheque. She just filed in Nov and I am just finding out today.

The laws state that if she has her less than 40% of the time, I am the one who gets the financial entitlements.

Here is my court order


l) The child shall ordinarily reside with the father.
2) The father shall have parenting time and responsibility for the child at all times except for when the mother has parenting time.
3) The mother shall have parenting time with and responsibility for the child as follows:
a) For three consecutive weekends from Friday at 6;00 p.m. until the following Sunday at 6:00 p.m. starting Friday, April 3, 2009. Following the mother's three consecutive weekends, the father shall have parenting time for one weekend; and
b) During the week after the father's parenting time from Wednesday at l2:00 p.m. until the following Thursday at 8:00 a.m. starting Wednesday, April29,2009; and
c) At such other times as agreed.
4) The parents shall share the parenting of the child equally during each summer holiday on mutually agreed dates.
5) The parents shall not relocate from the City of Calgary, without the written consent of the other parent.
6) The guardians shall share the powers, responsibilities and entitlements of guardianship in relation to the child:to be decided by the father: place ofresidence and education; the parents: extracurricular school activities.


Now does rule 6 allow her to receive half of all money coming in or does she not get any as she is not the guardian and therefor exempt from getting 50% of this money?


PLEASE HELP ME??????

Thanks guys!!!!!!What is the name of your state (only U.S. law)?
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top