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  • Originally posted by involveddad75 View Post
    Oh different situation. I haven't and am not going to read all the posts to get the history.

    But does your court order indicate a date of separation?
    I would think if family court states your date of separation then CRA should honor it.

    But you might have to prove you weren't sleeping in the same bed.
    That's the issue. CRA "interpretation" of "living separate and apart" does not include living in the same house. Therefore they deny it. There is case law posted further back in this thread stating that their interpretation is incorrect.

    It's just a matter of following the process now. The funny thing was they accepted my 2012 and 2013 taxes as separated and gave me the dependent credit for my son even though my ex didn't move until May 15th, 2013. They started the CCTB and UCCB splitting July 2013.

    My 2011 taxes were incorrectly submitted as married even though we were separated. I sent in a T1 adjustment changing it to separated and requesting the dependent credits. The change to marital status was denied therefore I could not claim the dependent credit.

    My 2013 taxes were also submitted as divorced.

    It's been a 2 years battle which might finally be coming to an end soon.

    Comment


    • When your done, make sure you go back and ask for retroactive benefits.

      back to 2011. Also not sure but if it's court and your successful, and your self rep.
      Besure to ask for costs because CRA wasn't reasonable

      Your the case law that states your entitled to $100 per hour.
      and have detailed time logs to support the costs.

      Comment


      • Spoke to the CRA rep who will be handling my appeal(s).

        2011 - Eligible Dependent
        CCTB - Aug 2011 - July 2013
        UCCB - Aug 2011 - July 2013

        She did say it may not be possible to receive the UCCB or CCTB as it had already been paid but she would have to inform them and it would be up to them.

        I did tell her that neither of us had received the CCTB between Aug 2011 and July 2013 so that shouldn't be an issue.

        She asked me to fax all my paperwork in again as it would be much quicker than receiving it from the other departments.

        So off it goes all 55 pages lol.

        Basically it all revolves around my marital status. It seemed from the conversation that she was leaning towards Aug 7th instead of the date she moved out. She stated she looks at the "real" world not what CRA deems a hard rule. That's encouraging.

        I will update again once I hear more.

        Comment


        • CRA called me today and have approved my Separation Date of Aug 7th, 2011.

          They are allowing the dependent credit for 2011 tax year.

          She was very hesitant to allow the CCTB and UCCB.

          I told her the fact and she agreed to send it to them for assessment based on new status.

          She seemed VERY concerned that she would be creating a debt for my ex.

          I will update again when I have actual paper confirmation in my hand

          Comment


          • I had a similar experience many years ago. The system is so that a retroactive adjustment is made (cra does not recognize a separation until at least 90 days has passed...). In my case, the debt was to me when cra adjusted as I had always been the recipient of UCB and CCTB and the agent expressed similar sentiments. I reminded them that "sentiments" is not part of the law. The law is the law. And there were no guiding principles to deny the adjustment. And in fact - if challenged would constitute an abuse of authority. No agent has the authority to deny one parent their rightful entitlement and give it to the other parent.

            It was adjusted. My former spouse received his money. Yes I had a debt. But it was the right thing to do.

            Comment


            • Originally posted by FB_ View Post
              CRA called me today and have approved my Separation Date of Aug 7th, 2011.

              They are allowing the dependent credit for 2011 tax year.

              She was very hesitant to allow the CCTB and UCCB.

              I told her the fact and she agreed to send it to them for assessment based on new status.

              She seemed VERY concerned that she would be creating a debt for my ex.

              I will update again when I have actual paper confirmation in my hand
              You should ask the agent if she would feel the same if it was you that had the debt?

              Comment


              • Originally posted by FB_ View Post
                CRA called me today and have approved my Separation Date of Aug 7th, 2011.

                They are allowing the dependent credit for 2011 tax year.

                She was very hesitant to allow the CCTB and UCCB.

                I told her the fact and she agreed to send it to them for assessment based on new status.

                She seemed VERY concerned that she would be creating a debt for my ex.

                I will update again when I have actual paper confirmation in my hand
                Bah! How about being concerned with permitting your ex to get away with defrauding the system and you? I'm sure the ex is fully aware that this could catch up to her eventually.

                Comment


                • Originally posted by FB_ View Post
                  ...She was very hesitant to allow the CCTB and UCCB.

                  ...
                  She seemed VERY concerned that she would be creating a debt for my ex.
                  Concern? From the CRA?

                  They show no concern for the other parent, who has to fight to get the benefits they are entitled to in the first place. Glad it seems to be getting resolved for you.

                  I think I caught all the latest posts in this thread? The page-numbering seems screwed up again, for this thread, where I can't click on the last one. I likely forgot, that posts were removed from this thread or something.

                  Comment


                  • I basically told her what the law. I did have to inform her that in 2011 they changed the system so that it no longer had to be shared and alternated... She was surprised to hear that. She did apologize and said she mainly works in GST. I told her the law... She said she would forward the request to the correct departments.

                    Comment


                    • I officially received the letter stating that my appeal was successful.

                      They have allowed the claim for dependent children for 2011.
                      They have updated their system with a separation date of Aug 7th, 2011.
                      They have sent the results to the CCTB and UCCB for re-assessment and will calculate what is owed to me from September 2011 - June 2013 (22 months )

                      22 * $50 uccb = $1100 (daughter)
                      2 * $50 uccb = $100 (Son)
                      22 * $55.47 (current UCCB) = $1220.34

                      My 2011 taxes are being reassessed for the 3rd time and I should get a nice refund for the dependent credit.

                      Just wanted to say THANKS to all of those that helped and assisted me with this appeal.

                      Comment


                      • Originally posted by FB_ View Post
                        I officially received the letter stating that my appeal was successful.

                        They have allowed the claim for dependent children for 2011.
                        They have updated their system with a separation date of Aug 7th, 2011.
                        They have sent the results to the CCTB and UCCB for re-assessment and will calculate what is owed to me from September 2011 - June 2013 (22 months )

                        22 * $50 uccb = $1100 (daughter)
                        2 * $50 uccb = $100 (Son)
                        22 * $55.47 (current UCCB) = $1220.34

                        My 2011 taxes are being reassessed for the 3rd time and I should get a nice refund for the dependent credit.

                        Just wanted to say THANKS to all of those that helped and assisted me with this appeal.
                        Great news for you! Not so good for your ex, but that's her problem.

                        Hopefully this will make it easier for others to argue with CRA's recalcitrance when it comes to shared custody.

                        Comment


                        • Originally posted by Rioe View Post
                          Great news for you! Not so good for your ex, but that's her problem.

                          Hopefully this will make it easier for others to argue with CRA's recalcitrance when it comes to shared custody.
                          She will lose 22 months of UCCB ($50.00 / month) but she will now be entitled to CCTB for 22 months. I believe she is getting over $100 a month for that so she wins too.

                          Benefits for both of us started July 2013.

                          Comment


                          • This process with Revenue Canada really never stops.

                            Received a letter from them today saying I owe them several thousand dollars as they are denying my claim for eligible dependents. So basically all the information send in with my appeal they want it all again.

                            Just a pain in the ass.

                            Comment


                            • I got one of those as well.

                              Lots of crackdowns on divorced families, while the intact families now have income splitting coming to them.

                              Yep, no Conservative moral bias there.

                              Comment


                              • Its actually structural sexism.
                                -Men pay child support 95%+ of the time.
                                So this problem with CRA exclusively affects them irrespective of income. A cs recripient with high income will always be able to claim this benefit so it isnt even related to income. The problem is nobody stands up for people who are considered to be in power even if after all the obligations they arent really in power.

                                Comment

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