final order

[Running]

Hi,

I'm being audited by CRA for my SS payments and they have requested receipts for all the payments from my ex. In the middle of CRA's audit we had a settlement conference, where we reached certain agreement, and explicitly specified in settlement agreement that ex would provide all necessary documentation related to the support paid. Ex honestly listed that as support received on tax return, but it isn't argument for CRA, they want receipts. Judge has signed off, and we've got a final order.

Despite this became a final order my ex refuses to provide receipts, so as ex's lawyer - they just don't respond to correspondence, I have sent number of follow ups. Aside of audit that is still ongoing where CRA demands answers with very strict deadlines, I have to file my taxes for 2022, where I don't have receipts.

Do I bring a motion to get an order for my ex to follow an existing final order and provide me receipts? What would be the form in this case? Is there a way asking a judge making an order without going to court as there is an order already?

And would anyone have suggestions how to achieve results required without going to court? Honestly I don't get lawyer's position - could've respond something "they won't provide response", but I get just silence back, and I suspect some trick, as it looks too unprofessional otherwise.

Thank you.
P.S.
Yes, I am aware if I paid via FRO they would've provide receipts, but I didn't. I have also shown to CRA copy of my transfers - they said it doesn't count.

[randomUsername]

My SS was audited my first year as well. I pay via e-transfer, and note in the comments that it's SS. I sent them screenshots of the e-transfer (12 screenshots), and this was satisfactory to CRA - odd that they rejected that for you. I too had an uncooperative ex and told them that, so they were ok with the screenshots. If it were me, I'd probably try to escalate the issue within CRA, but also reach out to my lawyer at the same time. Depending on your salary, the tax refund on your SS could be equivalent to over 40% of what you've paid, so it would be worth your while to resolve this.

I'd think she's obligated to provide receipts, and can't see it making its' way to court. She may need the "threat" of court to comply though.

[StillPaying]

You have no control over 3rd parties and you shouldn't be held accountable for their actions.

You have an order which says the amount you pay and when to pay it each month.
You have bank records showing the specific amount being transferred to your ex's bank account each month.
Instead of receipts, I would send ex an email confirming no arrears.

Unless your ex is claiming you haven't paid, that should be more than enough for CRA.

[Running]

I am on it with CRA for 2-3 years now. If I was to choose who is less reasonable CRA or my EX, it would be a tie, but biggest issue their "tax team" isn't the one who picks up the phone when you call them, and sending a letter is useless - they will respond in 6 months with no actual response as if they haven't read your letter.

The only option seems to be a tax court (with the CRA), but this would be an expense and time for me, and would give enormous satisfaction to my ex that I struggle because ex showed me a finger and didn't provide the receipts per court order.

Can I bring a motion when case settled for non complying with final order? What type of motion? Note I am not asking for money - just the confirmation I paid what I paid.

[StillPaying]

Unless you were paying with cash, you have the receipts. I would ignore my ex as well.

[blinkandimgone]

Does the NOA show spousal support received? If not, could you request financial disclosure to include the tax return and NOA from the ex and use that as proof of payment?

I've never paid or received SS, so have no idea but find it absurd that you have to somehow provide the recipient's proof, especially when CRA has access to their return to see that they've included SS received, which they would have to since it counts as income.

Unless the other party is NOT claiming it as income, which is potentially causing the issue for you?

[Running]

Does the NOA show spousal support received? If not, could you request financial disclosure to include the tax return and NOA from the ex and use that as proof of payment?

yes it does for prior years, but of course I don't know what would be included for 2022. CRA does have information on their end, and SS appears on EX's the NOA.
I don't know if I'll be able request full disclosure moving forward as case is over, and I don't even see the benefit in the disclosure - it won't satisfy CRA, at least it didn't in the past

[Running]

Unless you were paying with cash, you have the receipts. I would ignore my ex as well.

Would you ignore your ex if you had a court order that explicitly states you have to provide something? What is the point of getting an order in that case?

[StillPaying]

The only thing you need to exchange is your yearly tax returns. Your bank provides the receipt for the money you sent monthly. Unless ex is claiming you didn't pay, you shouldn't need anything else from them.

[Running]

The only thing you need to exchange is your yearly tax returns. Your bank provides the receipt for the money you sent monthly. Unless ex is claiming you didn't pay, you shouldn't need anything else from them.

it isn't about what I want - it is about what CRA wants, and per order my ex is to fully comply with requests associated with CRA, and I essentially only ask for a documentation that some bureaucrat at CRA wants. The argument that CRA charged my EX taxes because of my SS and refusing providing me the refund based on the very same isn't getting me anywhere. The court order that I am to pay that SS, the copy of e-transfers - the CRA would listen, but won't do.

I am entertaining idea rather than going to tax court and hope that judge would take a side of a common sense, to bring a motion against my ex for breach of a court order, but I am not sure if/how this could be done once case is settled?

Has anyone done it after case settled, what are the potential issues?

[rockscan]

You file a form 20 for disclosure. If she refuses that, you file a motion for disclosure.

And you need to clear it up with CRA on what they require going forward because if your ex is lying on her taxes you shouldn't be subjected to an audit as a result.

[Running]

You file a form 20 for disclosure. If she refuses that, you file a motion for disclosure.

And you need to clear it up with CRA on what they require going forward because if your ex is lying on her taxes you shouldn't be subjected to an audit as a result.

I did serve form 20 last year for a different reason - ex produced NOA, and some bank accounts but not all that I asked. Bottom line I do have NOA.
Or do you mean I serve new form 20 and ask to provide in 30 days period necessary support receipts, or else I'll file the motion with costs?

[rockscan]

You serve a new form 20 for the items you need and if she doesn't provide it, you file a motion.

[Running]

Thank you. Are there rules regarding how often Form 20 could be served, and can it be served after the matter has settled, and do I use the same case # from the case that is completed?

On a separate note. My ex's lawyer finally responded that she is no longer with matter because case is concluded and asking me to forward any future requests to my ex directly. They didn't serve me Form 4 on me (Notice of Change in Representation). Do I demand that, or the email from former counsel is sufficient?

Form 20 does have space for the "lawyer". Do I write "self represented" for my ex? But I don't know if ex is unrepresented now, I only know that prior lawyer is no longer representing my ex which isn't the same, hence my question about Form 4. Apologies for many questions, hope it does make sense.

[rockscan]

Thank you. Are there rules regarding how often Form 20 could be served, and can it be served after the matter has settled, and do I use the same case # from the case that is completed?

I don't believe there are rules saying you have a limit. You are technically seeking to enforce the agreement. Yes you would use the court file number you have.

On a separate note. My ex's lawyer finally responded that she is no longer with matter because case is concluded and asking me to forward any future requests to my ex directly. They didn't serve me Form 4 on me (Notice of Change in Representation). Do I demand that, or the email from former counsel is sufficient?

I don't think they have to if the matter is settled.

Form 20 does have space for the "lawyer". Do I write "self represented" for my ex? But I don't know if ex is unrepresented now, I only know that prior lawyer is no longer representing my ex which isn't the same, hence my question about Form 4. Apologies for many questions, hope it does make sense.

You don't write anything. You are serving her only.