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-   -   Ugh! Need help/advice regarding CRA vs Children as Eligible Dependents (http://www.ottawadivorce.com/forum/f5/ugh-need-help-advice-regarding-cra-vs-children-eligible-dependents-21357/)

Sheesh 10-04-2017 02:11 PM

Ugh! Need help/advice regarding CRA vs Children as Eligible Dependents
 
Ok - So frustrated here, wondering if someone could help. Surely I cannot be the only one in this situation. I'll try to make it brief and to the point. :)

- Separated in 2011, agreement was 50/50 Shared custody of 3 kiddos, with me paying an offset amount in child support xxx.00/mnth
- It 's also stated in agreement that I would claim 1 child as dependent (which I've done over the past few years), and her to claim the other 2.
- We both receive the child tax benefit (not that this matters) - I assume its a reduced amount to each of us based on income and 50/50-ish custody.
- This year, Im being reassessed for 2014/15/16 saying I need to pay a 2-3k back for each year!!! - Im like WHAT?? WHY? I do everything legit and honest.

I call the CRA and they report because I pay child support I'm not able to claim ANY children as a dependent. I explained to the rep that:

A) Its an offset amount based off of each others salary w/ 3 children
B) I actually end up having the children closer to 55+% when she wants to work OT (of course I'm going to care for the children-better me than a sitter)
C) I have the children covered under my benefits plan through work, and EX does not as it saves her $$.

The CRA rep told me to send in a letter explaining this, but I've yet to hear back. He also stated that this is a crazy rule in place and also even if I had the children 99.9% of the time for 1 calendar year, and I even paid 1 month of child support, it would mean that I wouldn't be able to claim ANY children on my tax returns - none!

This surely cannot actually be the rule can it? If so how was something like this passed? Doesn't make ANY sense at ALL! I can't claim any children, she collects offset child support each month - tax free mind you, and gets to work OT and other side jobs, vacations in the far south since she has no conscience about leaving children with someone because she'd rather make money then spend important quality time with them.

I'm an upstanding father, very close friends and family (opposite of her), have them in my care more than her usually, I take no trips or vacations because I don't want to be away from them more than 4-5 days, (she's actually, right now on her second 9 day trip without them within the last 10 months.)

Anyone have any advice or has anyone gone through anything similar? Its hard to keep things short-ish without going on a huge rant.

Many thanks in advance!!!

rockscan 10-04-2017 02:24 PM

This has been covered by a few people. Maybe try a search of the forum.

Janus 10-04-2017 02:56 PM

This is a known issue.

In a nutshell, agreement has to explicitly say that both parents pay support to each other... otherwise CRA nonsense ensues.

Sheesh 10-04-2017 03:24 PM

thanks folks. Have been doing some additional searching. Its not worded as such that we pay each other, but rather something to the effect of "for the purposes of child support she makes xyz and I make xyz and will pay zzz as child support"

I've already asked her if she would sign a letter clarifiyng that it IS offset but nope, she's extremely difficult and says "nope, sorry not my problem" as i figured.


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