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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 03-25-2021, 07:46 AM
canthisberight canthisberight is offline
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Default Any tax experts here?

I normally post about my new partners stuff..but this is me.

Little unusual but I have to pay my ex husband support as he was very underemployed...lazy...whatever else.

I claimed the full amount of spousal support on my income...and got my assessment this morning. They wouldnt allow me the full claim, and stated

We changed your deduction for support payments to a spouse or a common-law partner to $--,---, which is the maximum allowed. You can deduct only support amounts you paid under a written agreement or court order that are more than the child support payable for current and prior years.

I was never told there was a maximum amount allowed to be claimed.

But my question is...if I cant claim it...my ex should amend his tax return, to only say he got what I was allowed to claim???? i want him to be able to do this as it will reduce his amount payable.

As a side note....funny how they amended my refund...but didnt change his so he wouldnt owe as much!
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Old 03-25-2021, 10:31 AM
arbortrail22 arbortrail22 is offline
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Does the agreement you have filed with the CRA state the amount you are actually paying? The CRA rejected my full claim and then I had to provide the agreement and it was amended.
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Old 03-25-2021, 02:07 PM
shellshocked22 shellshocked22 is offline
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Default

Another possible problem is related to child support (CS). Basically, CRA gives first priority to CS over SS. So, let's say you paid FULL SS but were short $1,000 is CS. In that case they essentially reduce the SS deduction by the CS shortfall. Or, you may have paid it correctly CUT it was incorrectly reported on the income tax return.


Bottom line, there is NOT a maximum deductible of SS. It's either not been properly documented on the SA/court order and/or there is a screw up with CS payments somehow.


Hope this helps
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Old 03-25-2021, 07:43 PM
canthisberight canthisberight is offline
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After 1.5 hous on hold...two agents later..the answer is..apparently 2.5 years ago the agreement was written for a maximum amount...nobody dreaming my bonuses would go up so much...so....ya....now I dont know if once I pay him that amount I can quit paying....or just cant write it off
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Old 03-26-2021, 12:08 PM
shellshocked22 shellshocked22 is offline
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Perhaps I'm missing something here but....


If your agreement formally confirms a maximum amount of spousal support, then WHY are you paying more than that ?
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Old 03-26-2021, 08:56 PM
canthisberight canthisberight is offline
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Default Good point!

LOL...I dont remember that part..at all....I am going to locate the paperwork this weekend.
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