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Old 04-15-2015, 03:48 PM
roxyroller71 roxyroller71 is offline
Join Date: Nov 2012
Location: Winnipeg
Posts: 82
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Default working it out

I just got off the phone with CRA and have the paper work in front of me.

COMPLICATED and sorry for the length.

I live in Manitoba, single parent and no new partner, my ex in Quebec with stay home wife and new child.
We are "joint" w me primary care/control etc.
We have been scratching out an order now for 10yrs. (Yes, 10 yrs!). My ex has avoided a final order which means his garnishiment would be updated to the correct amount. (His income 173,000)

So now with the end in sight my ex has now brought up my arrears for my tax benefits on my son.

My income (with 2 jobs) is about 45,000. My ex is at 173,000.
My ex is obligated for daycare/camps etc at 80% (total 1800.00/yr) as well as activities. W Activities he pays 100.00 per month (max 1200.00)

I do 2 tax returns one with child and one without. This year as with previous yrs the difference in claiming my son is $5.00. Along with cultural and physical activity benfit and daycare claimed with child.
I am getting 4705.00 and if I didnt claim my son 4700.00 (basically)
(I have provided this info in previous yrs)

Prior to this yr my ex found the return too little to bother with.

This yr, he has changed his mind and brought it up as outstanding owed to him.
Now how do i go about figuring out what he wants from this?
My net income is low DUE to tuition for myself, rrsps, and legal costs, plus I pay extra taxes etc. (I go to school as well when I can, and have been hoarding credits and rrsps to keep me at a lower tax bracket).

With CRA: they say he is not eligible. its based on my net income. its based on primary care for the child (me) and Quebec has diff programs/laws. he in fact would not be eligible to claim it even if i gave it to him.
If there is a squable over it...CRA will refuse to pay it out. They also made a mention of the male/female ratio on the call and in the infromation. I would need to authorize him to try to claim it or have it paid out to him as its not for his specific benefit but the childs. So CRA has made it very clear its not a perk BUT something that goes for the child.

I dont want to be stingy. I pay into my sons resps, insurances, and private school on my own, plus food, clothing, shelter, bdays, everyday LIFE.
But I dont feel he has a right to it BUT extra income for my son's benefit and his expenses.
Lawyer says to shut up about it. for me to document and provide what info i have and let him stew in it. (i have family wizard which keeps the uploads and posts) My ex doesnt bother reading it.

Am I wrong? and what would be fair in this situation?
Im worried that this will be brought up again one day when I claim arrears. (its inevitable). So im trying to be proactive.

Sorry for the length.
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