Request from CRA to Repay CCB

[RoxanneQuestionGirl]

I kept receiving OCB & CCB for 2 1/2 years after leaving my spouse, giving spouse full custody for our children.

I would keep around $200 from the OCB & CCB & put the rest in his bank. I would spend that money to do something special like taking them out to McDonalds or grocery/clothes shop.

My problem is I gave him OCB & CCB & money I kept was spent on the kids- because they were my kids too. Now im being told by CRA I owe $22,000.

There has to be some kind of way out of this without having to pay 22,000.

It just doesnt seem fair to have to repay

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

As you may already know, the Canada Child Benefit (“CCB”) is a benefit under the Income Tax Act (ITA).

Section 122.6 of the Income Tax Act states that you are eligible for child benefits if you are a parent “who primarily fulfills the responsibility for the care and upbringing of the qualified dependant” or, when in situations of shared custody it states, “when residing with” the eligible dependant child.

Here is an excerpt,

eligible individual in respect of a qualified dependant at any time means a person who at that time

• (a) resides with the qualified dependant,

• (b) is a parent of the qualified dependant who

• (i) is the parent who primarily fulfils the responsibility for the care and upbringing of the qualified dependant and who is not a shared-custody parent in respect of the qualified dependant, or

• (ii) is a shared-custody parent in respect of the qualified dependant,

and

shared-custody parent in respect of a qualified dependant at a particular time means, where the presumption referred to in paragraph (f) of the definition eligible individual does not apply in respect of the qualified dependant, an individual who is one of the two parents of the qualified dependant who

• (a) are not at that time cohabitating spouses or common-law partners of each other,
• (b) reside with the qualified dependant on an equal or near equal basis, and
• (c) primarily fulfil the responsibility for the care and upbringing of the qualified dependant when residing with the qualified dependant, as determined in consideration of prescribed factors. (parent ayant la garde partagée)

According to the CRA website it defines shared custody as,

Generally, a shared-custody parent of a child is one of the two parents who:

• are living in separate locations;- are living with the child on an equal or near-equal basis; and- are primarily responsible for the child’s care and upbringing when living with the child.

We suggest that it is best to contact the nearest Community Legal Clinic for some information, clarification and advice regarding your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org