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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-16-2020, 04:31 PM
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Default Lawyers: Tax deduction for recipients and not payors

Kinso posted a link to a super interesting case that I felt shouldn't be buried at the end of a different thread:

https://decision.tcc-cci.gc.ca/tcc-c.../1/document.do

There is a ruling, where the judge decisively rules against the support payor, but then he adds to the end of the ruling:

Quote:
[33] I have spent a great deal of time considering the issues raised in this Appeal. I would like to take this opportunity to express some concerns that I have about the current state of the law. In my view, there are serious inequities that can arise when child support recipients are permitted to deduct the legal fees that they have laid out to establish child support payments and child support payors are not permitted the same deduction. I feel that those inequities are aching to be addressed by Parliament. Please note that the following comments relate only to legal fees laid out to establish child support, not those laid out to enforce arrears of child support.
He then goes on to make some very on point commentary.

Sadly though, this case was from 2014. His call for parliment to take action clearly fell on deaf ears.
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Old 07-18-2020, 08:52 AM
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This case was appealed to the Federal Court of Appeal:

https://decisions.fca-caf.gc.ca/fca-...ex.do?q=grenon

Which also makes for interesting reading.

Does not seem there was any further appeals to the SCC.
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Old 07-19-2020, 08:07 PM
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That is a recent ruling as well.

I guess this won't be changing for a while.
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Old 07-27-2020, 10:42 PM
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Another example of the unfairness is the Eligible Dependant Credit, whereby the use of Child support offsets in your agreement deny the payer of the credit. (worth around $2500/year)

I sent Bill Morneau and the Ministry of Finance a letter on this in February and never received a response.
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Old 07-29-2020, 11:46 PM
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Quote:
Originally Posted by nofrills View Post
Another example of the unfairness is the Eligible Dependant Credit, whereby the use of Child support offsets in your agreement deny the payer of the credit. (worth around $2500/year)

I sent Bill Morneau and the Ministry of Finance a letter on this in February and never received a response.
Unfair with shared parenting or unfair in general?
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Old 07-30-2020, 12:50 PM
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sorry to highjack this thread but INHO Unfair in shared parenting
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Old 07-30-2020, 03:50 PM
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Quote:
Originally Posted by Janus View Post
Unfair with shared parenting or unfair in general?
I believe the tax code was changed in 2015....they simply want to claim more tax.

It is simply unfair.
What others have done is have the order state spouse 1 owes X dollars in child support and spouse 2 owes X dollars in child support. No offset is paid but they pay each other.
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