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Claiming CS back 8 years

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  • Claiming CS back 8 years

    Good morning all, Hope you enjoyed both the Canadian and the American holiday!
    Well, another twist in the never ending "simple" request for variation in Child Support and Post Secondary expenses.
    EX is very angry that I had the CS varied, so he got at me through another route.
    We had agreed about 8 years ago that he would not claim the cs on his taxes and I would not have to claim mine...the last order was 1993. This was so that I would not go back to court and like a fool, I trusted him.
    Anyway, now I am getting notices from taxation stating that I owe taxes for not claiming the cs for the last 8 years! I have nothing in writing from him!
    THis will cost me all the money I have saved for daughter's university this year! If anyone has any suggestions, please help!

  • #2
    In order for the CS to not be taxable you and your ex both had to sign a form and file it with CRA.

    These are YOUR taxes, and the onus is on you to be informed and follow the proceedure. Your ex may be a lieing sack of shit, but in this case you can't just blame him. Only you are responsible for your situation with CRA. Frankly for all you know he kept his end up and didn't claim the CS as a deduction. In any case, you both needed to be informed, a simple call to CRA help line could have informed you and it would have been dealt with.

    At this point your option is, you can confirm with your ex whether he did or did not claim the deduction. If he didn't, you can try filing an appeal with CRA. If he didn't claim it, then can say you were confused about the process but that since the deduction wasn't claimed, the money was being taxed twice as income. You'd have a pretty good chance, they aren't always monsters.

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    • #3
      I agree Mess, and certainly accept my responsibility for being a fool.
      He did indeed claim it recently as he is able to go back ten years. I called Revenue Canada and they advised that he did file an adjustment of taxes for the last 8 years. I am totally responsible for making a deal with the devil. Hoped there would be a loophole or at the very least consider this a warning to future parents who would be inclined to make the same mistake.

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      • #4
        Originally posted by mummer1962 View Post
        IHoped there would be a loophole or at the very least consider this a warning to future parents who would be inclined to make the same mistake.
        Well (un)fortunately depending on what side of the equation you are on after Apr 30, 1997 there is no deduction for CS anyway so it wouldn't affect any "future" parents but I think what I would try to do is dependant on a few things.

        1. Did they assess you interest and/or penalties for failure to disclose income? If so, you can try to go through the Taxpayer relief (Fairness) provisons of the CRA to try to have them wiped out. They usually won't wipe out principal amounts as they are "legitimate" taxes that would have been paid had you been claiming properly in the first place.
        2. Although I'm not an expert on the whole CS issue (I do taxes and have some experience but am unfortunately just getting into it personally) if you can prove somehow that the agreement was made you may have a bit of a leg to stand on that it was in good faith but as someone has already said you are responsible for your own tax situation and should get advice from a qualified person (CRA, lawyer/accountant, etc)

        Good luck it is a shame that some people have to be so vindictive in this world.

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