Announcement

Collapse
No announcement yet.

Income Tax Returns and Notices of Assessment

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Income Tax Returns and Notices of Assessment

    Is it necessary for the non-custodial parent, who makes no deductions related to their child on his income tax return, provide the custodial parent with a copy of his return? The non-custodial parent provides the custodial parent with his notice of assessment yearly in order to determine child support. In the past 7 years (since the child was born) the non-custodial parent has never been asked to provide his income tax return, yet the custodial parent now demands this document. Does the non-custodial parent need to provide it, and if so, for what purpose if he is unable to make any deductions related to the child?

  • #2
    Yes, the orders are clear that you must provide an income tax return and notices of assessment. It is not just about making claims for the child, but to show true income before deductions.

    Comment


    • #3
      Originally posted by susiecanoe View Post
      Yes, the orders are clear that you must provide an income tax return and notices of assessment. It is not just about making claims for the child, but to show true income before deductions.
      But doesn't the Notice of Assessment show true income before deductions?

      Comment


      • #4
        Not necessarily. The assessment notices show the income from line 150 I but that is after all entries. For example, one could show rental income as a loss, or business losses which would reduce the total income actually received. If you have nothing to hide, then why not provide the T1 General income tax and benefit return. The only reason I am aware of this, is my estranged tries to hide his income through self employment thereby only showing what he earned after making numerous deductions related to household expenses thereby reducing the amount he has to pay support on. If the non-custodial parent ( you I assume) is not claiming anything for the child, then really there is nothing to hide. If you notice on any Form 13 Financial Disclosure, it requires copies of income tax returns, notices of assessment for the past three years and a recent pay stub.

        Comment


        • #5
          Thanks SusieCanoe. We have nothing to hide, we just find it odd that all of a sudden, for the first time in 7 years, my stepson's mom is demanding a copy of my husband's income tax return. We find this strange because he has never had to provide his income tax return for the court (not even for Form 13) and has only been asked to provide his notices of assessment, which he has no problem providing. It's just odd that for 7 years, there was no talk about his income tax return until now, all of a sudden. We've asked my stepson's mom why this new demand, since it hasn't been our practice ever, and she replies nothing more than it's "her right" to be provided with a copy of his income tax return. We're just concerned with her motives in this regard, and thought that since my husband is the non-custodial parent who does not claim anything for the child on his taxes, then there is no reason why the custodial parent should need a copy of his return. You know what I mean?

          Comment


          • #6
            Yes, I know what you mean. But who know why she is suddenly insisting. People have strange motives, but really if it were me, I would just provide it because there is nothing she can do with it anyway. Hope that helps. sometimes we need to just pick and choose our battles.

            Comment


            • #7
              sometimes people just change the way things have been done in the past just to try and be a pain in the a**

              Comment


              • #8
                Originally posted by susiecanoe
                Yes, I know what you mean. But who know why she is suddenly insisting. People have strange motives, but really if it were me, I would just provide it because there is nothing she can do with it anyway. Hope that helps. sometimes we need to just pick and choose our battles.
                Yes, the easiest thing is to provide it, I agree. The only problem is that we don't have a copy of my husband's T1 General (he filed online and due to printer problems was unable to print a copy) and the Revenue Agency isn't providing him with a return because he owed money this year. So all that he was sent by the CRA is a notice of assessment, which we have already provided. We've explained this to her, but she doesn't care and says "figure out a way to get me a copy." With this type of attitude from her, we're also reluctant to "cave" to her whimsical demands, you know what I mean?

                Originally posted by standind on the sidelines
                sometimes people just change the way things have been done in the past just to try and be a pain in the a**
                So very true. It seems this is always the case, in our situation. Every time things seem to be going well, she comes up with something to throw a wrench in our peacefulness. It's something we've grown accustomed to over the years, to the point where I get anxious when things have been quiet for too long, because I know that means something is brewing on the other side.

                Comment


                • #9
                  She has a right to verify that he is reporting income properly, as it dictates child support, and therefore she needs a copy of his return.

                  In an open and fair environment he has an obligation to provide it.

                  It is not whimsical, it is due diligence.

                  I realize from your posts that she is difficult to deal with, but in this case it is you that are being difficult - it is your problem to obtain it and give her a copy, how difficult that is is not her problem.

                  Comment


                  • #10
                    Originally posted by billm View Post
                    She has a right to verify that he is reporting income properly, as it dictates child support, and therefore she needs a copy of his return.

                    In an open and fair environment he has an obligation to provide it.

                    It is not whimsical, it is due diligence.

                    I realize from your posts that she is difficult to deal with, but in this case it is you that are being difficult - it is your problem to obtain it and give her a copy, how difficult that is is not her problem.
                    Bill, the problem is not to try to obtain a copy and provide her with it. My husband clearly stated that he has no problem with beginning to provide her with a copy of both his notices of assessment and T1 General. Aside from the difficulty in obtaining a copy at this time, child support has already been set by the court based on his 2008 notice of assessment and current income, and is ordered to be readjusted in 2010 once they provide one another with 2009 notices of assessment and T1 Generals.

                    We just find it odd that, all of a sudden, she's demanding this document when we were in court only a few weeks ago and not even the judge asked for him to provide his T1.

                    I just find it odd, and a little concerning.

                    Comment


                    • #11
                      I think you should provide the information to her. Do you think she'll go back to court over this issue?

                      Maybe revenue canada will provide a letter stating that they will not currently provide a copy of the assessment. You could always contact your member of parliment - they might be able to help out - They helped me when I was having child tax issues with my daughters dad

                      I don't know how long you have both been living together..maybe she wants to know if your claiming common law?

                      Comment


                      • #12
                        Originally posted by mominont View Post
                        I don't know how long you have both been living together..maybe she wants to know if your claiming common law?
                        Out of curiosity, what would that have to do with anything?

                        Comment


                        • #13
                          Well, welcome to the world of family law. I am convinced that there should be a better system, one that actually penalizes those who abuse the system but alas, there is no such venue for recourse. Be thankful that is all she is asking for. I could tell you horror stories much worse than this.

                          Comment


                          • #14
                            I don't think Step Mom is being difficult. Unfortunately, sometimes the other party is just trying to be difficult given they were just in court. Here is a man who is paying his support faithfully and on time and being harassed to provide even more. I agree he should provide it, but if it were me, I would type a letter to Revenue Canada asking for a copy and send her a copy of the letter. That way she knows they are doing their best to get the information and will forward it when it arrives. This serves two purposes 1. If she returns to court over this petty issue, it shows the father is doing what he is oblgated to do while awaiting the painfully slow response from Revenue Canada and 2. It shuts her up. If she keeps hounding for the document, just refer to the letter sent to Revenue Canada.

                            Comment


                            • #15
                              #1stepmom,
                              Just so you know, when you are sharing extraordinary costs, his ex is entitled to his whole income tax assessment, and HE is entitled to HER whole income tax assessment. it doesn't just go one way, she could be hiding income.

                              It should be remembered, people have expenses related to earning an income as a self-employed person, have legitimate expenses! It REALLY irks me that someone who has to pay for a truck, gas, tools, computers, office space, WHATEVER, to earn an income, is not allowed to deduct those legitimate expenses without being treated like he is trying to scam somebody.

                              OK, some people probably DO scam, but there ARE MANY legitimate expenses with running a business, and they should be ALLOWED to deduct these expenses without being treated like a criminal.

                              Paying on line 150 does NOT work for those poor payors who have all the LEGITIMATE expenses incurred while trying to EARN an income for their family.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X