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Canada Child Benefits - Shared Custody Parents

Canada Child Benefits - Shared Custody Parents

 

On August 29, 2019, the department of Finance released a draft legislation amending the definition of shared custody parents for the purpose of the Canada child benefit and various other federal and provincial programs. Currently each parent must reside with the qualified dependant (QD) on an "equal or near equal basis". The new proposals would align the definition with the Canada Child Support Guidelines, requiring each parent to reside with the qualified dependant at least 40% of the time. This overrides recent court decisions which effectively set a 45% test. Alternatively, the benefits can be split where each parent resides with the qualified dependant on an "approximately equal basis", providing some flexibility for unusual cases. The amendment is retroactive to July 1, 2011, the inception of the shared custody rules.

 

 

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