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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 10-24-2020, 10:46 PM
Mother Mother is offline
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Default Income tax document

Hello,
In need of your help, please.

Motion is filed as one of the parties refused to sign changes in child support amount on consent when access has changed.

Lawyer requested this party to provide financial documents including full income tax return for the last 3 years. Court clerk requested same.

The existing court order states income tax return and NOA must be exchanged yearly. The party refusing to sign has never provided their income tax return, only NOA. This time they say they will provide shit.

What can be done to get their income tax return? Again they are obligated to provide these for the last three years.

What happens if they dont send financials to court as court clerk requested? Will motion go ahead anyway?

What if they dont appear (it'll be on line)?

Thank you
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Old 10-25-2020, 10:12 AM
rockscan rockscan is offline
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Then there will more than likely be an order from the judge to supply it and if they fail to do so you could file for contempt and have the matter move forward without them.

If they dont show an order can be made in their absence.

If they are not self employed then the NoA will provide the details on their income. Its only if they are self employed that the return and all the attached documents is important.


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Old 10-25-2020, 06:58 PM
Mother Mother is offline
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Thank you rockscan. I hope it will go as you described.

Regarding NOA and full income tax, this is not accurate. There is a reason why full income tax exchange is required, not only NOA. it is in the court order, it is required by the court etc.

NOA is a snapshot of the return. It acknowledges CRA has received your income tax report and a confirmation of the result. It shows the date the return was assessed and whether you have a refund, amount owing, or a zero balance. Nothing in details.

A T1 General is your tax return. Its a summary of your employment earnings and deductions for each year. It reports income, expenses, tax credits and other pertinent tax information.

A parent can claim an expense that is under Section 7 for let's say $1,000 and get the refund of lets say $200 and at the same time ask another parent to pay half of their share which is $500 if you don't know the refund was received.

NOA does not give you any details and this is why income tax return documents and financial statements are needed.

If I am correct in a shared custody arrangements income tax can affect a few things.

I don't believe for a second someone whose salary is upper 5 figures, is eligible for a daycare subsidy or things like this. There is a reason why this person is refusing to provide tax return documents with an unwavering commitment to hide it. Just like Trump.

Last edited by Mother; 10-25-2020 at 07:01 PM.
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Old 10-25-2020, 08:53 PM
rockscan rockscan is offline
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NOA shows you what their line 150 is which is what is used. I agree he is wrong for not providing it but if he is not self employed then fighting for his tax returns when you have his NOA is basically burning cash. His NOA line 150 shows his income and can be used for cs purposes to move it forward.

If he is self employed or a shareholder then yes fight for his full return and schedules or use what you think is an adequate number to threaten imputation.

He knows you will spin your wheels on it and waste time and money. Go, tell the judge you requested it, show his answer and seek assistance from the court but dont sit on the case waiting for him to ignore another request. Make sure there are teeth behind the outcome to hold him accountable.


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Old 10-25-2020, 08:57 PM
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Quote:
Originally Posted by Mother View Post
A parent can claim an expense that is under Section 7 for let's say $1,000 and get the refund of lets say $200 and at the same time ask another parent to pay half of their share which is $500 if you don't know the refund was received.

If I am correct in a shared custody arrangements income tax can affect a few things.

I don't believe for a second someone whose salary is upper 5 figures, is eligible for a daycare subsidy or things like this. There is a reason why this person is refusing to provide tax return documents with an unwavering commitment to hide it. Just like Trump.
I should have also noted, unless you have an agreement that CLEARLY outlines who claims benefits and when, he cant claim them. If you think he is claiming benefits he isnt entitled to then you need to call CRA and report him.

In most cases, only one parent can claim expenses and eligible dependent and if he is not entitled then he is committing tax fraud.


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Old 10-25-2020, 10:07 PM
Mother Mother is offline
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Quote:
Originally Posted by rockscan View Post
I should have also noted, unless you have an agreement that CLEARLY outlines who claims benefits and when, he can�t claim them. If you think he is claiming benefits he isn�t entitled to then you need to call CRA and report him.

In most cases, only one parent can claim expenses and eligible dependent and if he is not entitled then he is committing tax fraud.


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Final order does not outline who is entitled to claim benefits but because parents were in different parenting arrangements (50/50 legal custody and one parent was EOW), I assume the "main" parent was claiming benefits all these years but again, it is not outlined in the final order who gets to claim benefits.
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Old 10-25-2020, 10:09 PM
Mother Mother is offline
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Quote:
Originally Posted by rockscan View Post
NOA shows you what their line 150 is which is what is used. I agree he is wrong for not providing it but if he is not self employed then fighting for his tax returns when you have his NOA is basically burning cash. His NOA line 150 shows his income and can be used for cs purposes to move it forward.

If he is self employed or a shareholder then yes fight for his full return and schedules or use what you think is an adequate number to threaten imputation.

He knows you will spin your wheels on it and waste time and money. Go, tell the judge you requested it, show his answer and seek assistance from the court but don�t sit on the case waiting for him to ignore another request. Make sure there are teeth behind the outcome to hold him accountable.


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Perhaps you are right and there is no point in fighting to get the full income tax but then why court has requested it? Why it is included in the final order?
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Old 10-26-2020, 10:26 AM
rockscan rockscan is offline
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Originally Posted by Mother View Post
Perhaps you are right and there is no point in fighting to get the full income tax but then why court has requested it? Why it is included in the final order?

I think that there are many ways to prove your income and many ways to hide your income which is why Canadian law outlines a standard way which is income tax file and notice of assessment. Remember the FCSG are federal so they will endorse their version of proving income. Some people use paystubs or offer of employment letters. People who are forthcoming with their info provide whatever documentation is necessary to prove income and there is no issue. Some people like to be jerks because they are doing something wrong.

You can have joint custody but physical custody to one parent. If your ex is EOW then you get to claim the benefits. It should have been spelled out in your original order if you have one but some of them neglect this. If it isnt make sure you get it in a new updated one through this process. He cant claim any benefits if he is EOW. The custodial parent has that right just as they have the obligation to subtract those tax benefits from expenses that are split.

I say what I do about the files required to prove income because it is really not a hill to die on. If he is employed and provided proof of his income with one document there really is no reason to fight over providing all the documents that will say the same thing. Especially when you pay by the hour and have limited time with a judge. If the judge is making an endorsement for things like disclosure then definitely ask for it to be ordered but if your ask is limited, dont bother because you have the NOA.

If your ex is self employed or a shareholder and you think they are hiding money then for sure ask for everything that would prove income.
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