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  • #31
    Originally posted by DowntroddenDad View Post
    Here is what is tricky. The way you showed it on the pay stub, it is a taxable benefit. So it is a part of his compensation, and would should up on his T4, and he would be paying tax on it. So it isn't really "free". It is a benefit that is taxed on his income tax.

    As to whether he can claim it, it would depend on the wording in your agreement, but....

    Section 7 expenses are supposed to be "extraordinary" expenses. I'd not say this is extraordinary.
    Yes, it shows as a taxable benefit therefore I would assume he's paying taxes on it, but only on the provincial side. As per the accountant his federal gross income would be $1000 and his provincial gross income would be $1100. So I get it that it's not really "free" but it's costing him only the taxes although he's claiming the full benefited amount as his expense.

    The guidelines define special expenses as expenses that are:
    necessary because they are in a child's best interests
    Special expenses are:
    the child's health-care needs over and above that covered by insurance (for example, orthodontics, counselling, medication, eye care and other items)

    So I guess I should be asking if this is considered an "expense"? If he was paying it then yes but since his employer is then ????

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    • #32
      And if hes making a false statement on form 13 and you have proof hes pretty bold to try and screw with the court.

      (Other people with ex's who have done it feel free to laugh at that statement. Im pretty green when it comes to the whole "you cant lie" attitude. I need to realize people do it all the time).

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      • #33
        Originally posted by rockscan View Post
        I think this needs to be explained a bit better. From what youve said this is what i understand:

        1. This is for a medical expense. He must pay a proportionate share of that medical expense (or the full amount if his benefits cover it).

        2. He has filled out form 13 schedule c and put the cost of the benefits program under "available tax credits or deductions" on the line of this expense to reduce the amount he pays you for medical expenses.

        3. There is proof his company paid this benefits expense that you have a copy of.

        If all of this is true then no, he is not allowed to claim a deduction for a cost he has not paid. He has to pay you the full benefit reimbursement he received from his company (i.e. Glasses were paid out $150) or you split the remaining cost (say benefits paid $75 of $150 therefore you split the $75 proportionate to salaries).

        I think it would be in your response to form 13 that you address this false claim. He can only claim the taxable benefit YOU claim for a special expense. By claiming an expense he hasnt paid for is fraud is it not?

        The confusion is that form 13 relates to support owed by schedule c relates to s7 expenses. His cs doesnt change, its the amount he pays for expenses. Youre in an arrears and s7 expenses reimbursement fight arent you?

        Other forum members, look at form 13 schedule c. Its the break down of s7 expenses.
        No this is not it and I am not in an arrears fight but nice guess . Sorry if I'm not explaining it properly.

        He is just claiming the insurance amount as his expense where the employer is paying for it. All "special expenses" are split 50/50 therefore half of that expense is deducted from the CS amount.

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        • #34
          If you have proof he didnt pay the expense then its not an expense and he cant claim it as such. Period.

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          • #35
            Originally posted by rockscan View Post
            And if hes making a false statement on form 13 and you have proof hes pretty bold to try and screw with the court.

            (Other people with ex's who have done it feel free to laugh at that statement. Im pretty green when it comes to the whole "you cant lie" attitude. I need to realize people do it all the time).
            No false statement. Although he's very bold with the court and the judge. The judge needs to order him the same thing 3 times in a row while turning purple in the face before he agrees to comply. And he was almost thrown out of the court room for his attitude. And he constantly gives the government the runaround to pay CS (until he started to work again so now they just seize his pay). So "pretty bold" is an understatement.

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            • #36
              Originally posted by rockscan View Post
              If you have proof he didnt pay the expense then its not an expense and he cant claim it as such. Period.
              The only proof is that it's added as a taxable benefit to his "total earnings" and then removed to make up his "gross earnings". So I can't determine if this is supposed to be considered an expense or not because his company is paying for it yet it's his benefit.

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