My wife was sleeping with my best friend for a year or more. I found out in Nov 2019. She decided to move out and take

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Customer: My wife was sleeping with my best friend for a year or more. I found out in Nov 2019. She decided to move out and take our baby girl. I stayed at the same house and I’m taking care of my 2 boys. They go with their mom on weekends. So I tried getting their child benefits changed over to me because their mom was saying she should get that money and I didn’t know if I would get it or not. So it took 3 months before I could get it switched to my name and finally in March I will get it in my name. She did give me 1000$ in November and 1000$ for December and 900$ for January and 800 for February. So they are supposed to get 1000$ each month. Anyways the payment I am getting for March says 4563$ and I’m wondering legally if that’s my boys/my money to keep or do I legally have to repay her that money back??
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: Sorry I’m in Nova Scotia Canada.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is this free advise? I have a family court custody started which I have legal aid for.
Answered by Legal Ease in 37 mins 2 years ago
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Jessica

Jessica

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Legal Ease, Expert

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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Legal Ease, Expert

I am sorry to hear of this difficult situation.

What your spouse has to pay you for child support has nothing at all to do with what you get for child tax benefits.

What she has to pay you is based on her income and yours since you have two kids and she has one.

Does that help?

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.

Customer
This is my question about the child benefits. Not to do with child support. The child benefits was in her name but is finally getting switched over to me for March. I’m saying I’m getting 4563$ for March for the child benefits and I’m wondering is they ours to keep because she will owe that back to the government.
Customer
do I legally have to give her back money she sent me for the 4 months or do I get to keep the 4563$?
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Legal Ease, Expert

Do you mean she gave you the child tax benefits she received from the government?

And is she paying you support?

Customer
when she moved out, our boys stayed living with me. So the child benefits were in her name so I had to ask her to send me their money each month. So s
Customer
he sent me their 1000$ for November and 1000 for December and 900$ for January and 800$ for February. I called CRA to get the benefits switched to my nam
Customer
ing if I keep that money , she is going to owe back to the government. Is that money legally mine to keep or will I have to repay her?
Customer
e for the boys because they live with me. So the benefits finally got switched to me for March and the payment that I will be receiving is 4563$. I'm say
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Legal Ease, Expert

She would be owed what she paid you if you are getting the same money from the CRA but she owes you child support for the two kids less what you would pay for one child.

Do you see what I mean?

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.

Customer
ing with her.
Customer
There is no child support for either one of us because we both don't make much money plus I have my 2 boys living with me and she has our little girl liv
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Legal Ease, Expert

What is your income and what is hers?

Customer
I'm on income assistance which is 913 a month.
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Legal Ease, Expert

Is hers the same?

Customer
She is on a EI maternity benefits claim which was 680 every 2 weeks but probably has reduced because she took the longer period of benefits.
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Legal Ease, Expert

She owes you about $250 a month for child support. You owe her nothing for child support.

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