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Spousal Support deduction incorrect on payor's tax return

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  • Spousal Support deduction incorrect on payor's tax return

    Anything to be concerned about?


    I just received the past two years returns and noa from exhusband. He's reported paying well over $15,000 a year more to me that what I received. I don't know where his numbers even come from. He's obviously included child expenses as spousal support (post-secondary). The total child support he's reported is the correct amount if he were only paying child support and paid it all in full. at the end of each year he's also been in arrears (around $5000 per year)

    I spoke to an accountant, and confirmed with CRA, when I first started filing my own taxes. Because he's constantly behind, the amount I receive is child support and child expenses first and then balance of his payment is reported as spousal support.

    All payments are through FRO - and I have receipts and Statement of Arrears with all child expenses so I think I'm covered. Should I be concerned about my numbers not matching his? I went through an audit years ago when we were married and owned a business together. It wasn't fun and I'd rather not go through it again.


    I'm not concerned with his line 150 being incorrect or not. His income is inputted and set moving forward so we don't adjust according to his taxes.


    Thoughts?

  • #2
    I would call CRA and report it as incorrect. That way they look at his filings rather than yours.


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    • #3
      Originally posted by rockscan View Post
      I would call CRA and report it as incorrect. That way they look at his filings rather than yours.


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      I was thinking that. In looking at his numbers he’s definitely reporting anything over the monthly child support amount as spousal support and claiming the deduction. Although he hasn’t fully paid it - just what was added to the case file through the year. He’s even further behind this year (over $30,000 and FRO is useless right now and he knows it) so it’ll be just as likely he’ll do the same again unless he’s called out on it. I don’t want to have to deal with cra but it looks like I probably should report it so it doesn’t come back and bite me.

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      • #4
        He would have had to have proof he paid it I would think. Which is why I say report it.

        And FRO should be garnishing his tax returns too.


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        • #5
          Federal garnishment order on the file for a few years - completely useless. He’s self-employed so only pays his tax after filing therefore never has a refund coming. The last time I spoke to a case manager she jokingly said at this rate I’ll be waiting for him to receive CPP before I see anything.
          FRO tells me they’ll be using aggressive measures once the ministry gives them the go ahead. Beginning with his license and passport. Until then, all they have are passive measures - so federal garnishment and threatening letters. They asked him to apply for a voluntary payment plan and he ignores them. They call him once a month and he says payment is on the way and it never shows. He won’t take it seriously until court is guaranteed.

          Meanwhile, I need to get in touch with CRA.

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          • #6
            My father was still being garnished until my mother died. He was pretty pissed about it but my response was basically you refused to pay before, now you pay. Eventually he will get caught and then he will be sorry!


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