# Can I skip the waiting period for childcare benefits if my ex-partner already did?

- Jurisdiction: Canada
- Practice area: Family Law
- Published: 2026-10-30
- Last updated: 2026-10-30
- Canonical: https://lawasked.com/ca/family-law/can-i-skip-waiting-period-childcare-benefits-if

## Question

I am living in Canada and I am currently struggling with the costs of childcare after my employment ended last month. My ex-partner and I share custody of our two young children, and since we separated, we have both been trying to access support through the system. My ex-partner already filed a claim for benefits related to our children back in January and has already completed the mandatory waiting period for those payments. Now that I am filing my own claim for the same two children starting this March, I am worried about having to go through that same unpaid waiting period again. It feels like a lot of extra labour and financial strain when the requirement has essentially already been met by the other parent for the same kids. I have already looked at the basic application forms online, but they do not specify if I can have my waiting period deferred because my ex has already served it. Can I avoid waiting for my first payment if I can prove the other parent already dealt with that initial period for our children?

## Summary

Yes, you may be able to avoid the unpaid waiting period. Under the law, if another parent has already served the waiting period for the same children, your waiting period can be deferred.

## Analysis

Under the Employment Insurance Act, there is a rule that allows you to delay or 'defer' your waiting period—the initial unpaid period before benefits start—if you are claiming for the same children as another parent. 

Because you are filing a claim for your two children in March, and your ex-partner already filed a claim in January and completed their waiting period, you may qualify for a deferral. The law states that a claimant "may have their waiting period deferred... if... another major attachment claimant has made a claim... in respect of the same child or children and that other claimant has served or is serving their waiting period" [1]. This means that because your ex-partner has already dealt with the unpaid period for these specific children, the system allows for your waiting period to be pushed back rather than making you serve it again immediately [1].

Specifically regarding parental benefits, the law provides that if a major attachment claimant (a person claiming benefits to care for a child) makes a claim and another person has already served or elected to serve the waiting period for those same children, the claimant "is not required to serve a waiting period" [2]. 

While the law provides this path for relief, the application process is not automatic. You will need to demonstrate that the claims are for the same children and that the other parent has already satisfied the requirement. It is also important to note that the law allows for the division of benefit weeks between parents, which may affect the total amount of support available [2].

State, provincial, or local laws may add further rules regarding childcare support, so you should check with your local social services office.

## Statutory citations

- Employment Insurance Act, S.C. 1996, c. 23, s. 346 - Deferral of waiting period [in force] (https://laws-lois.justice.gc.ca/eng/acts/E-5.6/index.html#s-346)
  > another major attachment claimant has made a claim for benefits... in respect of the same child or children and that other claimant has served or is serving their waiting period
- Employment Insurance Act, S.C. 1996, c. 23, s. 23 - Parental benefits [in force] (https://laws-lois.justice.gc.ca/eng/acts/E-5.6/index.html#s-23)
  > if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period

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