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  • #16
    Originally posted by billm View Post
    my ex and I are not friends despite having been married for 14 years and having 3 kids together. I don't trust her, she won't follow agreements or tell me what she wants.
    It is amazing in seperation that after so many years of trusting someone and sharing everything with them that they turn on your and can't even have a simple conversation and work out a minor detail.

    It baffles me because I work with people that I don't like every day in my job but still find a way to get the job done, yet in divorce the crazies live on driving the conflict up instead of resolving the issues.

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    • #17
      Message for Tayken!

      Originally posted by Tayken View Post
      ...
      Do you have a court order with an access schedule defined? If so I can help write a painfully detailed letter to CRA that will get that resolved.
      Regarding claiming a dependent when you pay offset CS:

      Well Tayken, your private message is full so if you can answer this then great.

      No court order, just signed receipts and a signed SA that states 50/50 and offset method. I am receiving child tax benefits as is my ex.

      Any references or wording help for my appeal to CRA for my dependent claim would be appreciated.

      I have 3 kids, 50/50, we agree on which to claim for dependent, pay offset support, SA states to use offset method, receipts states (names are in actual receipt document and signed).

      Child Support Payments Tax Year 2011
      (ex name) (SIN XXX XXX XXX) and (my name) (SIN xxx xxx xxx) have exchanged child support payments as per their equal shared custody agreement as follows:

      2011-01-04
      me to ex $ 2,129.00
      ex to me $ 992.00
      Net $ 1,137.00

      2011-02-01
      me to ex $ 2,129.00
      ex to me $ 992.00
      Net $ 1,137.00

      Total xxxx.xx

      etc...


      signed by both
      Last edited by billm; 09-24-2012, 10:55 AM.

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      • #18
        Originally posted by billm View Post
        Regarding claiming a dependent when you pay offset CS:

        Well Tayken, your private message is full so if you can answer this then great.
        Sorry, my private mail is just always full. It is hard to get to at times and clean out.

        Originally posted by billm View Post
        No court order, just signed receipts and a signed SA that states 50/50 and offset method. I am receiving child tax benefits as is my ex.

        Any references or wording help for my appeal to CRA for my dependent claim would be appreciated.

        I have 3 kids, 50/50, we agree on which to claim for dependent, pay offset support, SA states to use offset method, receipts states (names are in actual receipt document and signed).

        Child Support Payments Tax Year 2011
        (ex name) (SIN XXX XXX XXX) and (my name) (SIN xxx xxx xxx) have exchanged child support payments as per their equal shared custody agreement as follows:

        2011-01-04
        me to ex $ 2,129.00
        ex to me $ 992.00
        Net $ 1,137.00

        2011-02-01
        me to ex $ 2,129.00
        ex to me $ 992.00
        Net $ 1,137.00

        Total xxxx.xx

        etc...


        signed by both
        Have you thought about a blanket rotation as you have 3 children. Where by you claim for all odd years and she claims for all even years? Those are usually easier agreements for the CRA to deal with and in fact, if written properly in a letter they will just apply the formula themselves as it is what they generally recommend in 50-50 (60-40) access arrangements. If you had an even number of children you just split the children down the middle and rotate who claims what child each year.

        My recommendation is to try and present something to the CRA that if explained to someone with a grade 8 education would understand and be able to follow.

        The CRA will just deny both parent's claims until something is done. If you filed claiming all children as dependants and their mother does. Neither of you will get to claim them until something is agreed upon or presented to CRA that is easy to understand and works.

        Tax law needs a revision to respect 50-50 access schedules big time.

        Hope this helps?
        Tayken

        PS: A family court can't order anything regarding taxes from my understanding. So even trying to deal with CRA and all that in the context of a family law proceeding won't get addressed. I will rely upon OrleansLawyer to correct me if this generalized assumption (belief) is incorrect. (I will try to dig some supporting case law on the matter and other legal documentation in support of this statement.)

        Comment


        • #19
          Originally posted by Tayken View Post
          Have you thought about a blanket rotation as you have 3 children. Where by you claim for all odd years and she claims for all even years? Those are usually easier agreements for the CRA to deal with and in fact, if written properly in a letter they will just apply the formula themselves as it is what they generally recommend in 50-50 (60-40) access arrangements. If you had an even number of children you just split the children down the middle and rotate who claims what child each year.
          I am registered for all 3 kids as shared for CCTB and HST - so that is being handled fine.

          As for the dependent claim and other tax claims such as child fitness etc, we have agreed that I get the youngest and she gets the two older ones - it will work out as they older ones leave. I claim the youngest as a dependent (denied!) and she claims the other two (accepted!).

          Originally posted by Tayken View Post
          The CRA will just deny both parent's claims until something is done. If you filed claiming all children as dependants and their mother does. Neither of you will get to claim them until something is agreed upon or presented to CRA that is easy to understand and works.
          We do have it worked out and I have seen her returns to verify, yet her dependent claim is accepted and mine denied presumably because I pay CS - but my receipts, my SA, which are filed with CRA state offset method, and the fact that I received CCTB as shared custody etc.

          So I have to appeal. It is so obvious that this CRA paragraph applies to and is specifically intended for my situation, but they won't accept it!!:

          If you and another person were required to make support payments for the child for 2011 and, as a result, no one would be entitled to claim the amount for an eligible dependant for the child, you can still claim this amount provided you and the other person(s) paying support agree that you will be the one making the claim. If you cannot agree on who will claim this amount for the child, neither of you can make the claim.

          Comment


          • #20
            billm - Try sending a letter outlining that both you and your ex. agree to this arrangement.

            My ex. composed a letter that said something like;

            "Find attached a joint letter from my spouse and I, (insert spouses name), setting out the custody and living arrangements of our minor children."

            Then he asked me to a sign a letter that said something like;

            "(him) and (me), confirm the following child custody and living arrangements for the 2010 tax year.

            (him), (me), share equally at their respective residences, the custody and parenting of their minor children, (child A name and SIN #), (child B name and SIN#).

            Acknowledged and agreed to this day, (and both of us signed it).

            He added some charts and tables with his name and SIN, my name and SIN, and the kids names and SIN. I don't know if that was necessary.

            We did this before we had a court order and he did not have trouble with CRA accepting his claim for 1 of the children as a dependent. When we did have a court order, he had trouble, they denied his claim, I signed another a letter for him, he also had to appeal, eventually it got sorted out

            Comment

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