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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #21 (permalink)  
Old 04-06-2006, 10:35 PM
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In all their wisdom, CRA sent me their notice of assessment. In the text, they told me how my support payments were in arrears. So they disallowed about $8k in spousal support.

This decision was based on their misinterpretation of the separation agreement. I am not in arrears in any way. I have never missed or been late on a payment. And, there have been no complaints from the ex. CRA just figured this out all on their own!

So, I have to prove to them that this is the case which basically means that I have to translate my agreement so that a small child could understand it. Maybe I will set up a meeting and bring some number blocks or something.

The bottom line is that I don't get my money until I do all of this.

Grrrr.
  #22 (permalink)  
Old 04-07-2006, 10:18 AM
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Correct: if you remarry or pay support, you may NOT claim them as a dependent, regardless of access. You will eventualy get audited.

So place the $$ in an GIC or something. Actually, you may have to pay CS on your interest from the GIC (or you could have an interesting battle with non-recurring income). My advice: buy yourself a case a beer with some of it and put the rest in a matress.
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Old 04-07-2006, 10:23 AM
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Quote:
Originally Posted by DadofTwoGirls
In all their wisdom, CRA sent me their notice of assessment. In the text, they told me how my support payments were in arrears. So they disallowed about $8k in spousal support.
Grrrr.
Wow. Just when I thought the Wally World of Family Law couldn't get any more ridiculous... suddenly a new contestant enters the arena.

Once again, I am proven correct: you are guilty until proven innocence.

I wish you luck. It took my current wife about 3 years to correct a mistake that CRA made.
  #24 (permalink)  
Old 05-29-2009, 12:31 PM
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I know this thread is old but I'm hoping to get some related advice.

My ex and I plan to share custody of our two children. We have agreed that neither will pay support. We will split the childcare costs 50/50.

To try to make this whole tax mess easier we are planning to each claim 1 child for the CCTB and the equivalent to spouse. Will this be allowed? I don't want to get us into hot water. It just seems to be the easiest solution. I'm wondering if we will need to word our custody agreement such that we each have 'sole' custody of one of the children and visitation with the other child? Any advice would be appreciated.

Thanks!
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Old 07-05-2009, 06:25 PM
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hi all
new to this but been divorced and now remarried for several years. However from my first marriage 2 children. We had shared custody but I had primary residence,my x did not ever file income tax (ye go figure) and I did (that was complicated and another story)anyhow after only 3 yrs of marriage we divorced I have the kids M-f and he w/e (but not always) we agreed to 60/40 split.anyhow as he is so difficult.
Long story short-he now 10 yrs later wants o claim the CTB! i have been collecting all along-he never asked before cause he did not do his income tax-now though it has been over 7 yrs since he finally did his first income tax (by the way we are in our middle 40's) so he has been advised that he can come after me for all this! HELP
I had called an income tax agent years ago to be certain that I was the one entitled and was told even though we had shared custody -I had primary residence so I was the one to claim.
What is he entitled to?
i have been the one who has primarily looked after these boys all these years but now he is saying other wise (he has never even taken them to a dentist appt or dr)
Help me!
jv
  #26 (permalink)  
Old 07-05-2009, 09:47 PM
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Regarding post by jvan...

Who the tax man gives the credit to is not relevant to what is fair.

Your custody split is 60/40 and so the CTB should be split 60/40. It is not a matter of what you can get away with, it is what is fair. If you file and receive it all, you should give him 40% of it, or some other arrangement.

I am not sure if 60/40 split of the CTB is fair though. It depends on your child support payments. If he pays you child support, maybe a 50/50 split of the CTB is fair as you are both contributing financially to the raising of the kids according to each of your incomes.

What is your child support arrangement? Does he pay full table or the set off method, or what?
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Old 07-05-2009, 10:26 PM
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Quote:
Originally Posted by billm View Post
Regarding post by jvan...

Quote:
Originally Posted by billm View Post
Who the tax man gives the credit to is not relevant to what is fair.
What is fair is that the CTB was filed and received by the primary parent. He had plenty of time to raise the issue in the last 10 years. He is most likely looking at heavy penalties from CRA and wants you to help release him from his CRA obligation. CRA says you are the primary parent and you should keep it.

Quote:
Originally Posted by billm View Post
Your custody split is 60/40 and so the CTB should be split 60/40. It is not a matter of what you can get away with, it is what is fair. If you file and receive it all, you should give him 40% of it, or some other arrangement.
Give me a break! It is ridiculous to even entertain the thought, given it is now 10 years later. You cannot get blood from a stone.

Quote:
Originally Posted by billm View Post
I am not sure if 60/40 split of the CTB is fair though. It depends on your child support payments. If he pays you child support, maybe a 50/50 split of the CTB is fair as you are both contributing financially to the raising of the kids according to each of your incomes.
CTB is an entirely different issue than child support. If you want to entertain a fair CTB then combine your incomes on an example tax return and see what the resulting CTB would be and split that difference, then it would be a fair split. Only if that is what you would feel you want to do. I wouldn’t do it personally. Most likely if you were still together and filing returns together you CTB would not be an issues since you may make too much money.
  #28 (permalink)  
Old 07-06-2009, 04:01 AM
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PhoenixRising - I agree that the CTB already received is gone and is history and he cannot expect to receive any of it. I was referring to future credits.

As for splitting CTB, I am not sure of the formula. Do the CS tables consider CTB, I don't think so, but I am not sure, either way I don't think that is relevant. Given that he has significant custody such that he incurs direct costs associated with raising the kids, he should get some of the tax credit seems pretty clear and fair to me.

It seems when money is supposed to flow the other direction, some payees get pretty closed minded.
  #29 (permalink)  
Old 02-17-2010, 09:28 PM
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I am the mother and I have been fighting for almost a year to get the child tax credit. Orginally my ex got full custody--because I was moving out of province. I did not move...now almost a year of court fighting we have joint/shared custody but because my ex won't willing share the child tax credit he gets it 12 months out of the year. After some great fights on my end I was told the only way to get this changed was to go to tax court. Who the heck has time for more court proceedings??!! we both have the child 50/50 we share any extra expenses 50/50--ie hockey so why should I not get the child tax for 6 months...and that is what I explained to the lady at revenue Canada she told me it was too bad and I can go to tax court within 90 days any one have any suggestions?
  #30 (permalink)  
Old 03-18-2010, 09:25 AM
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You can only split the tax credits if you split the custody. All other custody arrangements the credit goes to the person who has the kid(s) the majority of the time. For daycare the person who physically paid the daycare gets the receipt, but the person who contributes to Section 7 for said daycare gets a tax (Net vs Gross) tax break on Section 7 calculations.
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