HELP WITH CCTB ISSUE PLEASE

I have been in the USA for 3 years on and off. Never withdrawing or severing ties in Canada.

I was born in Canada, I have a lease agreement in Canada, an address, bank accounts, credit cards, attend Athabasca University, and work for a Canadian Company fulltime.

I was receiving CCTB for one son while the other three were in their father's custody; however two years ago the two older kids came to live with me.

Again I was in the US at the time so enrolled them in school here. I informed CCTB of my address, which I always did with every trip into and out of canada. I applied for CCTB for three other kids and was awarded the benefit. Then a year ago my ex called CCTB and said I was in the US. So, they audited me. No biggy and I sent all required information and still remained eligible.

Suddenly my benefits stopped and I got a hefty $19,000 bill. They requested proof of residency again, so I provided. They came back and said insufficient, so I provided more. Six months lapsed so I reapplied for benefits and somewhere between all that , $19,000 was reduced to $3000 and I started receiving the CCTB benefit again.

Three months ago the benefits stopped. I called. They said I did not provide the proof they wanted from May of last year. So, I sent out the same paperwork again, wonder what it was exactly they were doing since they credited me back $16,000. This time the letter came stating I needed proof of my children's Canadian residency.

How the heck do you prove that when I am temporarily in the USA? (BTW, I have been here dealing with and getting solitified a divorce and consistent visits to attempting to seek child support for my children, because the divorce originated in USA and no Canadian Lawyer would deal with USA custody and child support, telling me I needed to return to and file where the divorce originated).

I continue to file taxes in Canada and am a factual resident, indicated on my tax forms by the CRA. (No I have not filed an official NR73, but did include it in my paperwork to CCTB).

I still am not receiving the benefit. I still owe $3000. There is so much discrepancy that I am at a loss of how to proceed.

The kids live with me, I'm in the USA temporarily.

Under all the CRA/CCTB guidelines and legal jargon no where does it indicate that I an ineligible for benefits, but does indicate that I have significant ties to Canada, that I am primarily responsible for my children and hence should continue receiving benefits??? Maybe I'm way off here, but after numerous phone calls to the main line, those reviewing the case have also stated I should be eligible.

I just keep going in circles.

Is there any way to request someone else to evaluate my case? I keep dealing with the same idiot and not getting anywhere. When I call the CCTB hotline, they keep emailing him to release the hold on my account and credit me the CCTB because they cannot understand why I am not getting it or alternately, do I just pay the $3000 and sever all ties to Canada until I return permanently.

SOMEONE PLEASE HELP ME WITH THIS (sorry about the long-winded paragraph, this has been seriously frustrating). I plan to return to Canada as soon as Child support is all figured out, which should be no later than January, but in the meantime????????

can you create parargraphs, I'll help if i can read.

The problem is that really, treaty residence overides what you believe to be factual residence. According to the treaty, you are US resident regardless of how many tioes you keep in canada, because (a) you have a home in US, (b) you work in US, and, (c) your dependants are in US.

I agree that CCTB is handling your problem in a very clumsy way, but nothing in your post would suggest that you would win this case.

Did you ever, in any of this, ever file a NR73, and get a determination from CRA that you are a factual resident? That would be what CCTB and CRA would be referring to.

Sorry, re-edited my post - just a bit frustrated. Maybe it will make better sense now. I suppose I just need to file another NR73 to the appropriate taxing Center for all years in question and get a solid letter from then and forward that onto the gentleman who is working my case and go from there. Any other suggestions would be greatly appreciated. (Appeal, request for a new case worker, pay and sever ties, fight and risk owing the whole $19000 again, NR73 . . .?)

What I'm saying is that you are NOT a factual resident of canada. Any NR73 determination will bear this out.
Only IF (in the past) you had gotten some indication from CRA that you were resident would you have a chance. You said you filed an NR73 before. What was the result (and did you correctly indicate your living arrangement). I suspect they would (correctly) say information was left off if they determined that you were factual resident.

You are,from what you have posted, from the day you moved to US a deemed non-resident, ans as such not entitled to CCTB.

By the way, when you edited your post, iooks like you went through some pains to change the parts of the posts where you said you and your kids live in US. I suspect that it is that kind of wavering about the facts that has lead you to this point.