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tilt · #11 12-01-2020, 12:09 PM

Owning his own business makes this much more complicated and expensive. Although his income is $35,000 he may be using retained earnings in the company to hide money from you. Or income splitting with the girlfriend where on paper the money is her salary but really he has all of it. I’m rather curious why CRA decided to claw back his CTB; did they discover something about his financial situation you are not aware of? Did he share CRA’s letter with you? Are you seeing his full tax returns including where his common-law spouse’s income is listed? You said she wasn’t working but if she was getting a salary from the business that would be one reason the CTB was adjusted. As far as I am aware, CRA does not claw back CTB for other tax liabilities - only when the declared household income has been audited and/or reassessed.

If you made a hardship claim the girlfriend’s income would have to be revealed, as would the financial information about his business as well as all the lifestyle indicators such as value of cars etc which can be used to estimate true income. I think it would be worth your time to talk to an experienced lawyer about options. As others have said, maybe it will turn out to not be worth pursuing, but I feel you need more information to make that decision.

tilt · #12 12-01-2020, 12:22 PM

Also his imputed income is $67,000, which is more than your income plus rental income so you would not pay him any CS. Inputted income is considered the true income for CS purposes regardless of what is reported to CRA.

rockscan · #13 12-01-2020, 12:23 PM

Quote:

Originally Posted by tilt

Owning his own business makes this much more complicated and expensive. Although his income is $35,000 he may be using retained earnings in the company to hide money from you.

She stated they imputed his income at over 60 grand in their agreement.

Quote:

Did he share CRA�s letter with you?

She could ask but technically he doesnt have to show her. His claim is his own just like hers is her own.

Quote:

Are you seeing his full tax returns including where his common-law spouse�s income is listed.

GF doesnt have to provide this. He hasn�t claimed hardship therefore her income is private.

Quote:

If you made a hardship claim the girlfriend�s income would have to be revealed, as would the financial information about his business as well as all the lifestyle indicators such as value of cars etc which can be used to estimate true income.

The ex would have to make a hardship claim for this to be allowed. As long as he doesn�t claim hardship, all of his other info and his partner�s info remains private.

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tilt · #14 12-01-2020, 12:39 PM

This is why CRA should automatically release payors tax returns to recipients of CS to make everything transparent and payors accountable.

If the OP makes the undue hardship claim the other side has to disclose household income. Not showing the CRA letter is not an automatic right, but NOT disclosing it if it supports his claim is sus.

rockscan · #15 12-01-2020, 02:13 PM

Quote:

Originally Posted by tilt

This is why CRA should automatically release payors tax returns to recipients of CS to make everything transparent and payors accountable.

If the OP makes the undue hardship claim the other side has to disclose household income. Not showing the CRA letter is not an automatic right, but NOT disclosing it if it supports his claim is sus.

The only way she can see household income is if HE claims undue hardship. Trust me on this one. My husbands ex tried to get my income info and was refused and schooled by a judge on it for over 45 minutes because she kept arguing she was entitled. Judge kept repeating no hardship from him, no info for her.

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Janus · #16 12-01-2020, 04:05 PM

Quote:

Originally Posted by THatley

I am thinking of applying for a recalculation of child support but I fear I might have to pay my ex.

Yeah, I think if this goes anywhere near a judge you have a real chance to end up paying child support.

The house is definitely excluded, that's a dead end.

Best case scenario in court would be that he is imputed 67k, your rental income is offset by expenses, and you split any government benefits.

Worst case is that a judge accepts his 35k, your deductions against rental expenses are disallowed by the judge, and you still split the government benefits.

Is your current situation that much worse than the best case scenario?

THatley · #17 12-01-2020, 04:35 PM

Quote:

Originally Posted by Janus

Yeah, I think if this goes anywhere near a judge you have a real chance to end up paying child support.

He is already imputed $67,000 in our agreement although he lives a much higher lifestyle than of a person who makes $67,000.

The situation is not great he pays me $250 and I spend a week of every month debating what he owes me meanwhile I make my bills barely but I don’t have much leftover for anything else. I put all the girls expenses on my credit card and hope he will pay me half.

StillPaying · #18 12-02-2020, 01:44 PM

Quote:

Originally Posted by THatley

In our agreement we stated that we both get the child tax benefit for one child

What did this agreement say about support?

Quote:

but we made a private agreement that he would give me his half

Was his half of CTB's agreed to in lieu of support?

Quote:

I am thinking of applying for a recalculation of child support but I fear I might have to pay my ex.

As of now, it sounds like he is following the agreement. You will have a hard fight right away trying to change this. Which can probably be done, but as you suspect, maybe not in your favour.

Quote:

Does it matter that his father gave him advance on his inheritance and created a scenario where my ex only has to work minimally to meet his financial obligations?

He agreed to be imputed at double his pay, most likely because of his business. You could try asking for more due to lifestyle, but highly unlikely. Just as you're looking to change support, he could change his imputed amount.

Without all the details, this is where you're being warned that it could go bad for you; his income going down, yours up, no more ctb, you paying support and more s7...

Speak to a lawyer before you do anything.

Quote:

Is this house considered excluded property?

Did you live in it?

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