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Old 10-16-2012, 08:22 PM
Unevenplayingground Unevenplayingground is offline
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Quote:
Originally Posted by Tayken View Post
Hi All,

I know this question comes up often on the forum so I thought this case law and following articles regarding claiming legal fees on line 221 was important. A parent on April 19, 2010 won the right to claim legal fees in an appeal setting forth the case law for tax deductions for a payer of child support to deduct legal fees from their taxes.

The case law is as follows:

Trignani v. The Queen, 2010 TCC 209 (CanLII)
Date: 2010-04-19
Docket: 2008-3989(IT)I
URL: CanLII - 2010 TCC 209 (CanLII)
Citation: Trignani v. The Queen, 2010 TCC 209 (CanLII)

Article in the Lawyers Weekly on the subject:

"Child support payer can deduct legal fees spent on child support bid"
- "Father can deduct even though he has paid, not received, support"

The Lawyers Weekly - May 7, 2010

Another article on the topic:

Child Support Payer can Deduct Legal Fees spent on Child Support Bid
Cristin Schmitz for The Lawyers Weekly
May 7, 2010



Child Support Payer can Deduct Legal Fees spent on Child Support Bid - Canadian-Lawyers.ca

Good Luck!
Tayken
Tayken,

I don't think I am getting this 100% (it has been a long few days). I'm going to try and explain this, and hope it makes sense.

Common law couple split 2002.
Have verbal shared custody agreement.
In 2005 they both sign written agreement (amongst themselves) stating shared custody, with the ex-husband paying cs.
in 2011 husband is relocated due to employment, custody "battle" starts, also includes working out new CS payment, as child stayed with mother until primary custody was determined.

Can the father claim any legal fees associated with the cs? I'm thinking no, but just want to make sure.

Thank you for any feedback!
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