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Old 11-07-2017, 09:30 PM
excel excel is offline
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Default Offsey child support , tax law , how do I defend myself ?

I have been trying to get CRA to recognize my role as an equal and supporting parent for a few years now and am now just weeks away from my tax court date.

Background is separated since 2012 , joint and equal custody of 2 boys under the age of 16 . They do a 1 week at my house, 1 week at her house arrangement. Our third and oldest son (FT in school age 21 ) lives with me exclusively since 2015 .

Our lawyer prepared separation agreement is riddled with vague phrases and omissions.

One section says we each get to claim 1 child as an eligible dependent and we each get to claim 6 monthís worth of child tax credits each and every year.

Another section says since I make a little bit more than she does, I pay her the net difference in child support ( a couple of hundred bucks a month )

CRA says NO, since I pay , I get no CT credits and no EDC.

I argue that we both pay, I just pay a little more. They donít care .

They site

Verones v. Canada, 2013 FCA 69 (CanLII)

So I go back to Family Court to try to get the agreement amended properly. Ex puts up a fight .

For the last 14 months I have been trying to get my separation agreement changed in Family court , but there always seems to be something that gets in the way. ( i.e. : first opposing counsel not up to speed yet, then the financials get faxed to me are so dark, they cannot be read, then opposing counsel is no longer on the case because of non payment and holding the files hostage, lastly , we will do it in mediation sessions but of course it doesnít get done and I am still waiting )

I am now trying a procedural motion to try to get it heard last minute but no guarantees that will happen .

If I do not get my motion to change heard in time , does anyone have any suggestions as to how I can defend myself in tax court ?

Can I argue that my EX is purposely dragging this out because she knows I have to go to tax court as well ?

If I get a decision from Family Court, 2 months after my tax court hearing , can I go back to tax court and re-open my appeal ?

Surely the courts have run across this sort of thing before ?

Is there a contrary argument to Verones v Canada ?
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