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Domestic Violence Dealing with abuse and violence. Getting support and help.

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  #1 (permalink)  
Old 05-30-2006, 05:55 PM
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Unhappy Proof of seperation for CRA

Hi everyone, I'm new here and am freaking out over a letter I got from the CRA. First some history...

Back in the summer of 2003, my husband was removed from our family home and charged by the police with assaulting me, which he did right in front of our two beautiful girls. There was a no contact order put in place. Everything was documented. As a result of this incident, I began filing my taxes as "seperated" effective the day he was carted off.

I just received a notice from the CRA saying it appears we are still spouses. They are asking for 3 pieces of specific proof that we are seperated. BUT, I cannot offer any proof that he does not live with me since he continued to use my address without permission. He has no rental agreements or utility bills etc., and never changed his bank records or anything else.

Since leaving, he has not maintained another stable residence at all. He's basically a transient, couch surfing with friends until they tire of him. On the rare occasion that he's worked, I guess he's been giving my address to his employers which is why the CRA sent me this alarming letter.

Admittedly, I have gotten mail for him on occassion. But without much thought, I've simply given it to whatever "neutral third party" we used on the rare occassion that he's seen the children.

My marital status has HUGE tax implications for me with regard to child care expenses, since such expenses can only be claimed by the spouse with the lower income (him).

Going back to 2003, in order to resolve the assault charge, he attended some court-imposed councilling (PARS program). After "successful completion", he got a suspended sentance. At the time I wanted to believe we could work things out, but that never actually happened. I got my courage together pretty quickly and refused to expose my kids to any more fights. But at court I may well have indicated a willingness to take him back -- I frankly don't remember.

Please, if anyone knows how I can explain this to the CRA, let me know!!

I am desperate and could face an assessment well over $10,000 if they disallow 3 years worth of child care expenses for both of my daughters
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Old 05-30-2006, 06:11 PM
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Go to your lawyer and swear an affidavit saying that you have been living separate and apart from your ex since 2003 and send that to the CCRA.

Sorry to hear of your situation, I hope you and your girls are doing well now.
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Old 05-30-2006, 06:48 PM
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Default Thanks Grace!

Somehow the simple solutions just don't occur to me! I was thinking I'd need to get the police files, court records, statements from neighbours etc...

Can any lawyer help me with the affidavit, does it have to be the same lawyer I consulted in '03, or even a specific "family lawyer"?

Asking because my '03 lawyer had no concept of domestic violence issues so I'd prefer not to deal with him. Plus one of the lawyers in the legal department where I work might be willing to help me out for a nominal fee.

Thanks again!
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Old 05-30-2006, 07:55 PM
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diannarchy,

You can find a blank affidavit here (standard form) FORM 14A

http://www.ontariocourtforms.on.ca/e...mily/index.jsp

Once completed, take it to the nearest Family Law Information Centre and have it sworn. There should be no fee.

Start your affidavit like this;

My name is diannarchy,and as such have personal knowledge of the facts hereinafter deposed to.

In the second paragraph you might say:

I make this sworn declaration that the MR Doe and myself have been living separate and apart since January 1, 200X


or something to the effect

At the bottom of the form is a place to sign. Remember to sign in front of the commissioner for taking oaths located at the Family Law Information Centre(FLIC) I should also mention that mosts clerks that work at city hall, town offices can also take your oath.

LV
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Old 05-30-2006, 11:10 PM
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Quote:
Originally Posted by diannarchy
Asking because my '03 lawyer had no concept of domestic violence issues so I'd prefer not to deal with him. Plus one of the lawyers in the legal department where I work might be willing to help me out for a nominal fee. Thanks again!
It's so important in domestic violence situations that the lawyer has knowledge of the imbalance of power that occur in these situations. Many victims of violence are taken advantage of by inexperienced uneducated lawyers/mediators. I believe in most family violence cases the court system is the best route to go, as in my experience the Judges have had more experience/training in these matters. Best to do your "homework" first on choosing a lawyer that is best suited and has experience in family violence to represent you.
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Old 05-31-2006, 12:39 PM
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Thank you so much LV -- Agree with another poster that you're a virtual fountain of great links to useful info.

There's a FLIC near my office, think I'll visit them at lunch.

Cheers,
D
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Old 07-16-2006, 12:00 PM
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A copy of the orders for him to stay away from you are also available to you. This will have the date and charges against him. Although they will not state that he has not returned, they will add veracity to your story.
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