can I be separated and Common Law?

[johnny5]

The tax man commeth. He says I am Common Law with my girlfriend. We have a child together. been living together off and on for a couple years. I am separated from a previous marriage.
I was told by the government before that it is my choice if I want to claim Common Law because I am not divorced from a previous marriage and well, I figure polygamy isnt legal, so why am I considered common law. Before I contest this issue does anyone know for sure? Am I legally common law if I am Separated from a previous marriage?

Any help is appreciated. I have 30 days to contest or my girlfriend loses child tax credits.

Thanks.

[standing on the sidelines]

how long have you been living together this time?

[johnny5]

off and on for about a year. but not steady. 3 months on, 1 month off. maybe 8 months in total. I can prove different addresses with things but I thought it was my choice so I declared separated.

[johnny5]

we also have had the same address at the same time because she was renting off my dad and it was his house. but the rent was in her name only and she had her own gas bill.

[doingitright]

did you get the answer for this question? a right answer.... It is an interesting issue because how come one can claim "common law" marriage while not divorced from another marriage... is that bigamy? can one have 2 spouses? I read somewhere that a common law marriage requires a LEGAL CAPACITY TO MARRY. If one is not divorced, he/she does not have such capacity....

[johnny5]

I called CCRA anonymously and according to them, for tax purposes, they dont care what your marital status is. They want your money and dont give a flying f*** what you say. The few little lines they have on their web site describing common law is all they have and applies to everyone no matter what your situation. Because I have a child with this woman it doesnt matter if I am separated, divorces, single, whatever. Because she lived with me for any amount of time they consider it common law for tax purposes. Without a child, they say a year in Ontario. But it is hard for them to find out. When you have a child together, it gets linked because of child tax and GST. So putting it simply.... for tax purposes if you are living with someone and a child for any considerable (a month) length of time you are common law. They can even try and nail you if the child is not your child and it is just hers cause they can claim you acted as a parent to the child. So, for anyone curious about this issue, that is the answer. BIGAMY IS LEGAL IF IT BENEFITS THE GOVERNMENT. you cannot argue with them, they dont care about your financial situation.