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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 11-09-2017, 04:00 PM
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You don't sue her. It's not her mistake its CRA. you have the wording of your agreement adjusted so that it reflects the proper requirements, dated back to whenever the change took effect. You forward that to CRA with your application for retroactive benefits.

Its up to CRA to apply the benefits to you and adjust her account accordingly. They will recoup the money directly from her.
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  #12 (permalink)  
Old 11-09-2017, 10:27 PM
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they get child tax benefits and claim they need child support too. How much does it really cost to raise a child ? Apparently a percentage of your ex's income . so ladies,, the richer the guy you have a child with, the more child support you'll be able to collect if you guys seperate - and maybe spousal support too!
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Old 11-09-2017, 10:29 PM
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so i just got off the phone with a free lawyer supplied thru work and she tells me that it doesn't matter anyways because the CRA only started to recognize that both parents might be able to claim the eligible dependant starting last year ?

she says even if i was able to go to court and get the original agreement changed to say that we both paid each other rather than offset , i could not get it to be retro back to 2013 because the tax law didnt exist back then.

can this be true or did i basically get what i didnt pay for ?
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  #14 (permalink)  
Old 11-09-2017, 10:36 PM
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Quote:
Originally Posted by excel View Post
so i just got off the phone with a free lawyer supplied thru work and she tells me that it doesn't matter anyways because the CRA only started to recognize that both parents might be able to claim the eligible dependant starting last year ?

she says even if i was able to go to court and get the original agreement changed to say that we both paid each other rather than offset , i could not get it to be retro back to 2013 because the tax law didnt exist back then.

can this be true or did i basically get what i didnt pay for ?
CRA can go back to collect money rightfully owed to you. I think there is a time limitation on it.

Both parents could claim it before last year, something changed last year,I think it was

Quote:
The new Canada Child Benefit program replaced both the Universal Child Care Benefit (UCCB) and the Canada Child Tax Benefit (CCTB) programs, effective July 1, 2016.
Are you sure the lawyer you spoke to wasn't biased against moms ? It was a she wasn't it? I had a female lawyer before and .. man.. just please don't get me started on female lawyers representing dads.. the ones I have ran into anyways. They like to relate to your ex in the sense that they are a mom themselves... (puke)
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Old 11-09-2017, 11:30 PM
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Thanks, Trinton, for the entirely unhelpful posts.

Quote:
Originally Posted by excel View Post
so i just got off the phone with a free lawyer supplied thru work and she tells me that it doesn't matter anyways because the CRA only started to recognize that both parents might be able to claim the eligible dependant starting last year ?

she says even if i was able to go to court and get the original agreement changed to say that we both paid each other rather than offset , i could not get it to be retro back to 2013 because the tax law didnt exist back then.

can this be true or did i basically get what i didnt pay for ?
Try speaking with an accountant or a tax lawyer about the specifics if needed. But no, you can claim the eligible dependent before then. You may only be able to go back 13 months retroactively for CCTB, however someone in the field will be able to answer your question with more authority. It sounds like the person you spoke with either did not understand the situation and order or was not fully educated in the area. But hey...you get what you pay for
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Old 11-09-2017, 11:42 PM
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Quote:
Originally Posted by blinkandimgone View Post
Thanks, Trinton, for the entirely unhelpful posts.
It had the same stuff you posted with the addition of what the change was last year - which your post did not have.

Thank you for your respectful comment - jackass.
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Old 11-10-2017, 11:53 AM
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Quote:
Originally Posted by excel View Post
so i just got off the phone with a free lawyer supplied thru work and she tells me that it doesn't matter anyways because the CRA only started to recognize that both parents might be able to claim the eligible dependant starting last year ?

she says even if i was able to go to court and get the original agreement changed to say that we both paid each other rather than offset , i could not get it to be retro back to 2013 because the tax law didnt exist back then.

can this be true or did i basically get what i didnt pay for ?
I want to make sure I'm not way off base here, as you're talking about eligible dependant, and responses are going on about UCCB and CCTB...

Your main question is in regards to Line 305 of tax returns, yes?

https://www.canada.ca/en/revenue-age...dependant.html

If so, then keep reading. If not, I fail at reading comprehension and should be ignored...

When you were speaking to the lawyer, were you speaking of both of you claiming the same child for the eligible dependant? Did you make it clear that there are multiple children between you and your Ex? You're one hundred percent unable to both claim the same child as an eligible dependant. Multiple children are a different story however.

It sounds as though the lawyer you spoke to was referring to situations where there is only 1 child. Perhaps there are changes coming to those situations like she is saying, I'm not tracking it, and it really doesn't matter for your situation. As you have three children between you, it really shouldn't be an issue, so long as the wording for the offset child support is sorted out.

For my own situation, I have two children with my Ex. Since 2012 we have each claimed one of those kids as an eligible dependant for taxes. As I said before, I have had to dispute decisions by the CRA several times, when they tried denying me the ability to claim that credit. Exact wording of my Divorce Judgement is as follows:

Quote:
The Plaintiff shall pay to the Defendant the sum of $1,028.00 per month for the support of the children of the marriage payable on the first day of each money, commencing August 1, 2013. The Defendant shall pay to the Plaintiff the sum of $1,029.00 per month for the support of the children of the marriage payable on the first day of each month, commencing August 1, 2013 for a net support payment from the Defendant to the Plaintiff of $1.00 per month.
When I've spoken to the CRA, they always get hung up on the last line of that, and that is where they try to argue it. I likely would have had less headaches from them if it didn't spell out what the net support payment amount was.

--------

In your initial post, you stated:

Quote:
Originally Posted by excel View Post
CRA says NO, since I pay , I get no CT credits and no EDC.

By CT, did you mean Child Tax Credits? I'm not an accountant nor expert on this stuff, but I'm pretty sure that one no longer exists.

https://www.canada.ca/en/revenue-age...e-benefit.html

If you were meaning programs like the former CCTB, UCCB or now CCB, then it shouldn't be an issue getting that. If your eligibility for that is being denied based on paying child support, that is rather surprising.

http://www.cra-arc.gc.ca/E/pub/tg/t4...#share_custody

I didn't remember to apply for it until over a year from the point of separation, but they didn't make me jump through too many hoops to get it split up between me and my Ex. Letters from the school, doctor, daycare, saying I cared for the kids basically. They then went an gave me a backdated payment, I don't recall how far back they went, sorry. They also clawed back the 'overpayments' they had given to my Ex... That made for a few nasty phone calls from her to me.
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  #18 (permalink)  
Old 11-10-2017, 01:56 PM
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The first link above is outdated, from 2015 and is archived - no longer the proper resource. The page you will want to view with current information from August of this year is here:

https://www.canada.ca/en/revenue-age...-benefits.html
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  #19 (permalink)  
Old 11-10-2017, 03:46 PM
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Quote:
Originally Posted by blinkandimgone View Post
The first link above is outdated, from 2015 and is archived - no longer the proper resource. The page you will want to view with current information from August of this year is here:

https://www.canada.ca/en/revenue-age...-benefits.html
I get your trying to clarify something that I may have left vague, but you didn't reference the correct link from my post...

1st link is to a GoC (Government of Canada) website explaining line 305. It's not outdated nor archived. Posted to provide a reference for my question.

2nd link is also to a GoC site, to substantiate my statement that the Child Tax credit is no longer in use. So yes it would obviously be archived and out of date. .

3rd link is a explanation, again from a GoC site, the same one you linked, specific to CCB and shared parenting eligibility.
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  #20 (permalink)  
Old 11-10-2017, 04:40 PM
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Sorry - I missed the first link you posted. It was the second link which says right on it that it is dated to 2015 and archived.
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