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  • Revenue Quebec

    Hello,

    I left my relationship in the province of QC in late November 2010. In that year, The government gave X and I a child care allowance every 3mths which was deposited in our JOINT account. We used the amount to offset daycare fees.

    Since I filed my taxes in Ontario in 2010, Revenue QC has since been pestering me to pay them back the $5400 they gave our household for childcare.

    Here's the catch: they only care that I (as the main applicant) pay them back in full even though X was the co- applicant and his income was taken into consideration for the allowance.

    To top it all off, we paid over 7k in daycare fees while in QC (they still don't care) and the X (dad) stayed and filed his returned in QC.

    X also claimed the dependant (even though child came with me to Ontario) and claimed 1/2 of daycare fees therefore received a good chunk back after filing.

    I on the other hand (after fighting with Revenue QC, appealing their decision, filing a non resident income tx return and finally objecting to their penalties and fees) owe almost 9k.

    X wants nothing to hear about this. Says it's my tax mess. My accountant claims he sees this all the time and the system is faulty.

    My question is this- should I put forth a motion (there are a number of other issues on the table) would I stand a chance should I pay QC REV the full amount (and beg them to lower fees and interest) that I could fight to have X pay me back his share?

    My lawyer seems to think this is a small claims court ordeal however she didn't seem sure and did say we could always try.

  • #2
    Tax issues are totally separate than your family law issues. While ex's income was taken into consideration when determining the amount to pay you, it is likely the money was obtained under your name. Did you notify the Quebec Revenue of your change when it occurred? The onus is on you to present these changes.

    Sounds to me like your lawyer isn't convinced you have a leg to stand on. The government says you owe this money and you have already lost the appeal you put forth. Unfortunately I tend to agree with your ex. Your tax mess is your issue. It is the same with anything else. In Ontario if you collect all the child tax and the ex is entitled to a portion on it, if they file for it, you would be on the hook for the repayment, not the ex.

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