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Hidden income and not telling the truth on affidavid

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  • Hidden income and not telling the truth on affidavid

    My ex spouse started court proceeding to reduce the child support he's paying currently. In the initial affidavid he stated that my son lived with him (he was staying with him for a month in the summer...other than that my son may spend a couple of weeks a year with his Dad) My son definitely lives with me. Secondly, he has a basement apartment and gets between 700-800 dollars a month for this but hasn't included this money in his financial statement. His sister won a million dollars in the lottery and he benefited from this somehow but all I know for sure is that she gave him the car she currently had. I don't know how to go about proving that he has this extra income. I was also told by a court official that lying on an affidavid is a federal offence....what happens if this is the case?

  • #2
    I'm confused. Child support is based on income earned. If his sister gives him a little money to help him out, let it go. He's living in a basement apartment, not a penthouse suite.

    And as the custodial parent you get your child support but also CCTB, GST and get to claim the child as a dependent reducing your taxes enormously. None of these sources of money do you have to report as "income".

    I'd just leave it alone and think of your child. Perhaps the father can give your child a more comfortable room or do a few more activities when with the child because his sister "might" be helping him.

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    • #3
      Sorry...I guess I wasn't too clear. He lives in a 3700 square foot house and rents out a basement apt to a tenant....he doesn't claim this as income although it is a substantial amount when considering my income and the child support I receive

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      • #4
        BTW...whats CCTB?

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        • #5
          Oh sorry, I mis-read, I thought the sister gave him $700/month to help pay for the basement apartment

          Rental income should be included on his income tax returns, which he will have to provide to you. If he isn't including rental income on taxes I am not sure how you prove this. Maybe someone else has an idea.

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          • #6
            Originally posted by cat40 View Post
            BTW...whats CCTB?
            Child Care Tax Benefit

            ...something that should be shared by the parties in the same proportion as each pay towards daycare; however the full amount goes to the party with "primary residence" and then it's up to the "non-custodial" parent to duke it out for his or her share of the benefit. *Roll Eyes*

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            • #7
              Stepmom#1 - are you sure CCTB can be shared by the CP and NCP according to proportional incomes? I thought only the CP could recieve it (unless the NCP has more than 40% access)?!

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              • #8
                Thanks all...now I just have to figure out how to prove this extra income he gets. : (

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                • #9
                  CCTB would be split by the government only if the child split the residence between 60/40 with each parent, so the cheque would go to each parent 6 months of the year. Same with Child Tax Credit.

                  The parents could theoreticly work out some arrangement if they were at say 20/80 access, and NCP was paying the most of the Child Care costs. This would be an arrangement between the two of them, possibly worded into the separation agreement, but it's no way required by law.

                  The government states in the description of the CCTB that it isn't meant just for daycare, it is payed out whether your child is enrolled in daycare or not. It is really just another "Baby Bonus" cheque, meant to bribe the taxpayer - oops, I mean, offset any and all child's expenses.

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                  • #10
                    First of all, to prove this income, if your ex does not provide his income tax statement (Notice of Assessment) you can supbena as well, you can always get someone to question this renter to confrim if he even has a lease stating the posession date and rent. As well if he is not claiming this on his income tax this is also an offence, so you may want to report to Canada Customs and Revenue Agency (CCRA) or whatever they are under.. Good luck.

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                    • #11
                      About the Child Care deduction - it is factored into the child support calculation. The paying parent doesn't pay their proportionate share of the GROSS child care, they pay their share of the net. Many people don't know that and agree to pay on the gross. It could make quite a difference, so insist on finding out what the net amount is. (Lawyers and some court offices have software that will calculate it for you.)

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                      • #12
                        Oh, and CAT40, you should write in your Affidavit that you know he is earning this amount from rent. You can also request copies of his bank statements and it may show up in there.
                        Yes, lying on an Affidavit is a criminal offence. Does anyone ever get prosecuted for it? Not very often. In family matters, lying on Affidavits is more common that you would think. The "punishment" is that if the judge finds out that you have lied about one thing, he or she is not too likely to believe you on the rest.

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