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Old 02-20-2010, 06:09 PM
#1StepMom #1StepMom is offline
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Default Line 232 of Income Tax Return - Deducting Legal Fees

I looked up information regarding deductible legal fees (line 232) and was ecstatic when I read:

You can claim a deduction for legal fees on line 232 in any of the following situations:
  • you collected late support payments;
  • you established the amount of support payments from your current or former spouse or common-law partner;
  • you established the amount of support payments from the natural parent of your child (who is not your current or former spouse or common-law partner) where the support is payable under the terms of an order;
  • you sought to obtain an increase in support payments; and
  • you sought to make child support non-taxable.
But then, all joy went out the window when at the bottom of the page, I read:

Note
If you pay support, you cannot claim legal costs incurred to establish, negotiate, or contest the amount of support payments.

Is it me, or does it always seem that non-custodial parents (usually support-paying Fathers) get screwed in every possible way?

I do understand that the government does not want to see legal fees deducted for yearly support adjustments, but maybe a once-every-5-years rule or something would be nice.... especially if the custodial support-receiving parents get to deduct legal fees every year if they wish to drag support adjustments to court. Something just doesn't seem right... yet again.

The Revenue Canada page regarding legal fee deductions is: Line 232 - Legal fees