CCTB Review

[whatsup]

Hello all,
my husband and I separated in the fall of 2009. When we separated he moved down the the apartment downstairs(completely separate, only thing shared is the laundry). The previous renters had moved out and so it was empty. This is his family's home and so this worked out as they let him be there with no additional rent.
We've had our up's and downs the last year and a half but have not gotten back together and I have no intention to.
We had 2 children, 1 of them being disabled so that in and of itself does not allow me to work as I have to take care of her.
We came to an understanding that he would take care of the bills...rent utilities etc and give me 225 a week for food, meds and fuel. I pay for extra kids activities and some of the medical stuff too out of the CCTB check etc.
We've been working on a formal sep agreement but have not been able to finalize one yet. We have a temp one in place saying just the things I said above and that it was simply temporary until a formal one is finalized.
I am trying to keep this very friendly for my childrens sake and so have not sought to move from this place yet.
I will tho this summer...now the question.
I got a review letter of the CCTB from Revenue Canada today. They want proof we are living separate. He has not changed any of his addresses...I have changed mine to represent that I am living in Unit A and made note of the change in my chidrens school records.
I filed my taxes...got my own cell phone, let him have the house phone and am using a magic jack for mine...but he is paying the rest of the bills as per our agreement.
How do I prove we are living separate to Revenue Canada....I know my doctor would sign a paper, I can get my kids school records and my bank statement, cell bill, and have a ton of friends who would sign statements...will this be enough?
My concern is, he did not do his taxes for 2 years...has changed none of his addresses etc...I have my doubts he will even return the letter they sent with any info...how will that effect this review? I have total custody(his choice) but encourage him to spend as much time as he wants with the kids...he does not want the responsibility tho so only does spend time with them for short periods..the reason I haven't moved out so far...I know he will get even more distant from them...anyway if anyone has any words of wisdom you can pass on please do I'd appreciate it!

[billiechic]

Did you call them and ask? All they wanted from me was proof that I had filed this form.
RC65 - Marital Status Change

[whatsup]

I did try to call...but could not get through..just a busy signal, several tries too. I did file that form 90 days after we separated. Wouldn't they know that tho?
I think its because he never did his taxes for 2 years and so is still listed as married...he is horrible when it comes to taxes. He always gets refunds so he lets them go several years before doing them...
I have no doubt he will do nothing about this review letter. I'm hoping because he does nothing that doesn't screw me up..

[blinkandimgone]

I went through something similar and they sent me a bunch of forms to fill out and affidavits to sign declaring we were living seperately. I had doctors and employer sign the affidavits as well, he did the same and it wasn't a problem at all. It did take quite a bit longer than expected for it to be processed but in the end they didn't question any of it.

[whatsup]

I went through something similar and they sent me a bunch of forms to fill out and affidavits to sign declaring we were living seperately. I had doctors and employer sign the affidavits as well, he did the same and it wasn't a problem at all. It did take quite a bit longer than expected for it to be processed but in the end they didn't question any of it.

AAAh thanks so much! I'm concerned about this as he seems to be putting a lot of effort into not working and so there isn't much money for him to give me for the kids, I've been relying on this money. I wish I could just go get a job, but the amount of times I'd have to take off work, going without sleep for days when she's sick, well lets just say I tried and I didn't last long in that job. They want someone who is there every day, I can't be...and he wont...which makes me honestly sad for him..in the end he is missing some special things with his kids. I can honestly say I've tried to get him more involved, but he is an alcoholic so you know how far that will go. The best thing seems to be lately he seems to be staying sober more..or hiding it better. But I think he might be trying, I hope. He is the father of my children, they need their dad and I don't want to deprive them of a dad, I simply will not allow them to be exposed to his addiction. So I try to stay close and have monitored and made sure he was ok before they go down to his apartment. I can't keep it up tho for my own health so I know I'll have to make a move soon. For now tho its ok, he has his place I have mine and every night I lock the door to my apartment during the day its open and the kids can freely go between the two..wish it could stay like this but it can't. He needs to move on and so do I.

[whatsup]

Anyone delt with this when the spouse wont do the paperwork? I really doubt he is going to fill out his..he wants to do nothing unless its fun for him. At one point while we were married I thought he was doing the taxes for us, but 5 years went by when I found out he had not done any taxes during that time(I was a stay at home mom so didn't have an income)...I just know he isn't going to fill out those papers..any ideas if it will or will not negatively affect me?

[blinkandimgone]

Encourage him to fill out the papers and get yours done. If he doesn't you can go to the court house and swear an affidavit there.

[dadtotheend]

If you're living under the same roof you are not separated for income tax and related benefits purposes.

I've seen it before. The CRA won't consider you separated until you are living in separate residences. Living in a separate apartment in the same house won't cut it.

[whatsup]

If you're living under the same roof you are not separated for income tax and related benefits purposes.

I've seen it before. The CRA won't consider you separated until you are living in separate residences. Living in a separate apartment in the same house won't cut it.

What about this tho? from the CRA site:
f you continue to live together in the same household, we will not consider a separation to have occurred. An exception to this may occur when separate living quarters are self‑contained in the same household. However, if you reside in the same household and continue to share parenting and financial responsibilities, we will not consider a separation to have occurred for the purpose of administering the Canada Child Tax Benefit or Goods and Services Tax/Harmonized Sales Tax (GST/HST) credit legislation.


I do all the parenting, I pay for my own phone, and the rent on this unit, utilities are included in rent. does that make a difference? man if I have to pay that back, I mean I'm practically living off it, it pays my rent! Now I'm scared!! He wont do any paperwork either!

[blinkandimgone]

What about this tho? from the CRA site:
f you continue to live together in the same household, we will not consider a separation to have occurred. An exception to this may occur when separate living quarters are self‑contained in the same household. However, if you reside in the same household and continue to share parenting and financial responsibilities, we will not consider a separation to have occurred for the purpose of administering the Canada Child Tax Benefit or Goods and Services Tax/Harmonized Sales Tax (GST/HST) credit legislation.


I do all the parenting, I pay for my own phone, and the rent on this unit, utilities are included in rent. does that make a difference? man if I have to pay that back, I mean I'm practically living off it, it pays my rent! Now I'm scared!! He wont do any paperwork either!

You're still sharing finances so that could negatively affect your claim. If he is paying some of your expenses you should stop that, have him give you the same amount of money as child support and YOU pay the expenses yourself.

If you're renting and each paying rent on your seperate units then you should easily be able to get a letter from your landlord for each of you stating that you are renting seperate units. That might help.

Your best bet is to call the CCTB number and ask them what you would need to successfully claim.

[whatsup]

You're still sharing finances so that could negatively affect your claim. If he is paying some of your expenses you should stop that, have him give you the same amount of money as child support and YOU pay the expenses yourself.

If you're renting and each paying rent on your seperate units then you should easily be able to get a letter from your landlord for each of you stating that you are renting seperate units. That might help.

Your best bet is to call the CCTB number and ask them what you would need to successfully claim.

Yes I can get a letter for that, basically he was giving me the money and I was giving it back to him and he paid both at the same time. But I shouldn't have a problem with getting a letter...you know I explained this to them when I talked to them when I applied, they didn't seem to think much of it, now its an issue...

[blinkandimgone]

Yes I can get a letter for that, basically he was giving me the money and I was giving it back to him and he paid both at the same time. But I shouldn't have a problem with getting a letter...you know I explained this to them when I talked to them when I applied, they didn't seem to think much of it, now its an issue...

This^^ is an issue. You need to have documentation showing YOU are paying your expenses ie: bills, utilities, rent etc. If he is paying it then there is no record of you paying it so I suspect you'll run into issues there.

[whatsup]

Honestly there is no record of him paying it either...its always cash transactions. Hydro etc are under the owners name, she pays them. I have my cell phone bill but even cable under the owners name. I could get a letter from the owner tho that I've paid for mine..She would do that I think..Man if this ever ends I'm never getting myself into this mess again! Single forever!

Oh I have some credit card statements too of car maintenance, my daughters shoe inserts, some food stuff, I have my own bank account, line of credit and credit cards. I pay by check to my kids taekwondo things like that.

[dadtotheend]

It's a burden proving it.

I've seen it before.

[whatsup]

ok well the landlord said she woould provide me with reciepts at the beginning and end of the period they question, my doctor and the kids school officals will sign the confirmation letters, I have my phone bill, kids doctor bills, taekwondo pay reciepts for the last 2 years, all with my name only and canceled checks from my bank account for those things or credit card reciepts, he isn't going to do the paperwork flat out....I guess if they don't think that is enough I'm screwed, abused by the spouse, then again by the goverernment...oh ya life is good. In the mean time if I don't get that money I'll only be able to pay rent and no other bill, already gave up driving a long time ago because I couldn't afford the insurance, man no breaks at all! trying to get money out of the ex beyond what I have been is not going to happen, and obviously I can't work...tell me some good news please, I just need something..