CCTB questionnaire question?

[blinkandimgone]

I recieved a questionnaire from CRA re: CCTB and they want me to provide proof that the ex and I have been living at seperate addresses for the 2009 tax year. I'm still in the house and all the bills are in my name so I can provide documentation for proof of address.

He is living somewhere else but still collects his mail here and I have no proof of him living somewhere else. It came with a 'third party confirmation' letter that I can have someone fill out on my behalf to say we are living seperate however if he won't provide anything or a third party letter for the same then what can I do? Anyone had to do this before?

[sufferer]

It happened to me and we were in the same house.All bills were under him too.So my lawyer provided me with a letter stating the separation which CRA didn't honoured.I had to pay them back all the money that they though was over paid.

[blinkandimgone]

Yeah I was wondering about that too, it says right on the papers that you cannot be considered separated and live in the same house which I thought you could be. I guess the family law is different from tax law.

I'm not sure if there will be a problem getting him to get his letters signed to prove he lives somewhere else, I do have a feeling he will ask me for at least half of the money and a slight worry that he may refuse to provide the documents if I don't agree to it but not extremely worried....yet.

[sufferer]

humm

Under what conditions did he leave the house can make a big difference.Was there any police involvement/separation agreement etc.
Try your best and send them as many proofs as you can.He must have changed his address atleast somewhere job/drivers licence......Best of luck

CRA won't ask you any money back but will cut 1/2 of the future CCTB's till they recover their over paid amount

Till now I used to think you are a man.

[blinkandimgone]

No police involvement or anything like that. He went out one day, i asked him not to come back, he didn't, end of story. We have no separation agreement or anything. He pays for the house/insurance in lieu of child & spousal support. I don't believe he pays rent where he lives, he's been staying with friends for the last year since he moved out but all his mail, bills and work stuff comes here, the only time I've ever seen him use the new address is on his income tax return which is probably why they're asking all of a sudden.

I never got CCTB before so there is nothing to pay back but I guess I should have been getting it for last year and wasn't aware of it so the letter is for that part of it and moving forward I guess.

And LOL @ me being a man

[logicalvelocity]

If you don't have utilities statements etc...Sworn Affidavit of the circumstances is proof - which can be commissioned "free" at city hall or local court house. I think CCRA will pay up to 11 months retro on the CTB.

[blinkandimgone]

OK, I've re-read it again and it says I need to provide proof of residence (ie: bills) AND two third party confirmation letters. Which I have/can get for myself no problem.

If he can't/won't provide the same then you're saying that I can get a sworn affidavit instead of his paperwork and that would do?

[logicalvelocity]

Yeah...Sworn Affidavit -

It's a serious Criminal Code offence to perjure oneself in Affidavit. Tax and Family are both common law...They are compelled to accept.

[blinkandimgone]

That's good news, I'll definately go that route if he drags his feet on the papers. Thanks LV!!

[logicalvelocity]

attach true copy of any letters, statements as exhibit...fill in the holes with your own sworn words...Serve CCRA as per their directions.

[dadtotheend]

I guess the family law is different from tax law.

That's right.

For family law purposes you can establish a separation date even if you continue to reside in the same house.

For income tax purposes, you have to be living separate and apart (i.e. different houses) for before a marital status of separated can trigger changes in the income tax and related benefits.

I've seen many many of those letters. If your ex won't co-operate by supplying you with rent receipts or other address change (e.g. driver's licence) then you're going to have a tough time.

[blinkandimgone]

Thanks DTTE. I don't htink he pays rent where he lives and I'm pretty sure he hasn't changed anything on his driver's license etc. We haven't talked about it yet so I'm not even sure there will be a problem but he expecting at least half of my income tax return this year so I have a feeling he may ask despite the fact it's CCTB that I wasn't getting last year. Funny thing is tho, if I'd been getting it monthly he never would have even considered asking for it, now that it will be coming in a lump sum I think he might.