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  • child tax wrong person claimed?

    Just found out ex wife ,claimed child tax credit for last year and recieving it,, so i have the proper forms to fill out ,what happens ,any ideas,, she in trouble... ??
    Forgot to say that the kids live with me full time and no overnight visits as of yet..

  • #2
    How is this possible? If kids have already been living with you full-time you should have already notified CRA as such.

    Do you have dated, court order that specifies children live with you primarily? CRA will likely want that with forms. But apply, ASAP.

    If what you say is true, and she claimed fraudently, they will likely claw it all back from her.

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    • #3
      Sorry, you are referring to the Canada Child Tax Benefit, correct? Not a claim for children in tax return?

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      • #4
        @lplp.....

        what happens ,any ideas,, she in trouble... ??
        You don't even need to engage her if this is the case....you just go ahead and claim the child as well. When CRA do their audit, the redflag will come up and you will both be reassessed....then she will get the shocker

        Providing what you are telling us, is indeed how things are in your situation

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        • #5
          They will require her to pay back what she was paid. This means that they will hold her tax refunds and any other tax related rebates like Trillium payments.

          CRA will stop all payments until they have determined who should be receiving the benefits. They will give retroactive payments up to a year if I remember correctly.

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          • #6
            This is what happened in my case, my ex claimed both children and court order stated we each claim one each.
            It took a while but in the end it all sort itself out and I got a large check in the mail.

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            • #7
              my ex claimed both children and court order stated we each claim one each.
              Court order doesn't supersede the Income Tax Act

              I got a large check in the mail.
              You mean Cheque?

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              • #8
                Yep that is what i was going to do,, just claim it ,got the forms filled out already ,just tried to pull another fast one on me ,, she is not going to look good at the cc in may for sure,,,

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                • #9
                  Originally posted by lplp View Post
                  Yep that is what i was going to do,, just claim it ,got the forms filled out already ,just tried to pull another fast one on me ,, she is not going to look good at the cc in may for sure,,,
                  It's unlikely the judge will care about this. I wouldn't even bring it up. Deal with the CRA. Family law and Tax law are to separate things. Neither can override the other.

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                  • #10
                    Tax law always overrides everything else.

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                    • #11
                      Tax law always overrides everything else.
                      The only two things that are guaranteed in life...Death and Taxes (and yes even if you don't work). WRT the topic being discussed, the following quote holds true.....

                      Isn't it appropriate that the month of the tax begins with April Fool's Day and ends with cries of 'May Day!'?
                      ~Rob Knauerhase.

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                      • #12
                        lplp - I wish you all the best in getting the CCTB for your children. My ex moved out in August of 2011. Unbeknownst to me, she called CRA and told them BOTH of my children were living with her full-time, which was not the case. One was with me fulltime and the other 50/50.

                        I filled out all the appropriate paperwork that CRA requested in order to prove the true custody arrangement. I think I did this about 3 times, every single time - DENIED.. I would call and be told yet, another lame excuse as to why I was being denied. I even sent in (at that time) the current separation agreement (with the custody schedule) signed by a judge, and CRA circumnavigated that as well.

                        After repeated phone calls and many hours spent talking to different CRA employees, supervisors, etc.. I was told to get my lawyer to write up a letter (at my cost) and explain the child arrangement. This finally settled it, albeit 2 years later. I was given back pay to date of separation, and was told ex has to repay CRA in and around $11,000. I asked about fraud charges being filed against her, was told that it very rarely happens.

                        During this 2 year process, I remember one CRA agent telling me that if I had ever lived with my children's mother (which of course I did) that the CCTB was automatically hers. It was her responsibility to call CRA and tell them the truth at separation about the children's living arrangements, which obviously she did not do. They would have taken her word about it over the phone, but not mine. I basically fought for two years to PROVE the truth. Countless documents, phone calls, time spent..... But, it was worth it in the end.

                        Good luck to you.

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