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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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Old 05-29-2010, 02:05 AM
rohit rohit is offline
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Default tax related advise - urgent

hi, in canada custodial parent can get tax rebate on child care for upto 7000 dollars line 214 revenue canada (tax). Is there anyone can advise me, what it covers? (what documents a person need to produce? are they only day care expences or child's extra expences? Do we need to file the sin number of the person who provide these services?
And does non custodial parent has right to get the copy of tax return of the child care provider.
In my case a 3rd person is saying that he charge from my X the babysitting charges, which is complete false. my Question here is is there anything I can ask from that 3rd person which proves that he gets money from my x to look after my child. So far he is saying that he gets cash around 600 per month. which i know is completely false.
please advise
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Old 05-29-2010, 08:13 AM
Mess Mess is offline
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For child care expenses you may only claim child care, not "extra" expenses. You can include summer camp if it is a day camp and you are using it as a summer child care. You can't use the full cost of an overnight camp for example, because that includes time that childcare wouldn't be necessary.

Tax information is private and you would not be able to get anyone's tax return without a court order. The exception is your ex, you may have an order or agreement to provide tax info for the purposes of verifying income and expense information.

The child care provider must provide receipts. Usually we use registered daycares but on occasion we used private individuals (for example one of our daycare teachers provides a short camp in the summer for parents, when the daycare is closed. So she does things by the book financially and is very clear with receipts etc.) When I've gotten a receipt like that it always included the SIN number of the babysitter.

Your ex, if claiming the amounts on tax returns, doesn't have to turn in the receipts, but has to retain them. Also, the name and address of the daycare must be entered. If it is a babysitter, they have to put their name and social insurance number. If the info isn't included CRA can challenge the receipts, but I don't know if they would flag it automatically.

You have every right to ask for copies of proper receipts from your ex to verify these expenses. If you aren't getting copies of receipts then you can challenge the amounts. You could refuse to pay, but should always set the money aside in case you lose the challenge.

Once you have the daycare provider's SIN number, you could gently make a discreet inquiry with the daycare provider about whether the amounts are being reported to the CRA. You could pressure them into admittng whether the amounts are legitimate or not. AFAIK that is really your only method. CRA won't release tax info to you about someone else.
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