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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 04-02-2011, 08:41 PM
KnotUntied KnotUntied is offline
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Default CS and SS Receipts

Quick question. Only started paying with cheques part way through last year. Prior to writing cheques, was making payments electronically. Same bank, transferring monthly amounts from my account to the recipients. Quick and easy, or so I thought.

Filed taxes, CRA wants receipts for CS and SS. Recipient will not cooperate. Recipient is unwilling to sign a receipt that summarizes the 2010 CS and SS payments received. Regardless of whether I put tiogether the receipt or the recipient does, recipient is unwilling to sign anything.

Bank statements do not show which account the money was transferred to. Called the bank and they can show which account number was transferred to, but no names. So I can't make the link between the receiving account and the recipient through bank records.

Lesson learned...once again...the hard way.

I have a court order saying that I must pay $x CS and $y SS. What rights/entitlement do I have in the demanding of receipts prior to further payment, if any? Of course, I have no intention of taking any action that might violate the court order.

Does anyone have any suggestions?
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Old 04-03-2011, 08:57 AM
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The CRA accepts EMT as a method of payment. When the CRA asked me to validate my SS I provided the EMT receipts. I just printed the confirmation each time.
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Old 04-03-2011, 03:21 PM
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I don't have the confirmations unfortunately. I was doing account to account transfers, within the same bank.

The bank statement only shows:
- Date
- Description (which I indicated that it was "From Me" and whether it was for CS or SS).
- Amount

The letter from CRA says they will accept any of the following as pmt proof:
- Copies of cancelled cheques (which I have for only the latter part of 2010)
- Receipts from the recipient including a signature confirming he total amount paid in the year

The recipient has made it clear that she will not sign anything. I tried claiming the support payments last year (2009 taxes) by showing these bank statements but the CRA wouldn't consider them. I eventually gave up after a number of letters back and forth, paid CRA back a portion of my refund, and started paying support by cheques. I'm guessing that the recipient got away with not claiming SS, hence her continued reluctance to cooperate. I claimed eligible dependant but not SS. I want to sort this out for 2010 as I am rightly entitled to. And then I will redo my 2009 taxes. I'm just stuck on trying to prove the (pre-cheque writing) electronic payments.

I'm obviously not going to disobey the court order and withhold further payments until I have the requested receipts. But...what action can I take, if any, in demanding these receipts? Or...can I push the CRA to make the recipient defend herself and prove that she DIDN'T receive these electronic transfers from me?

Like I said...lesson learned the hard way...
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Old 04-03-2011, 04:42 PM
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Try taking her to small claims court to recover your loss arising from her refusal to cooperate.

Or call the CRA and inform them that she has failed to declare income. But don't call the people who process the review letters. Try this Informant Leads Program
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Old 04-03-2011, 04:50 PM
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I have not done this with SS payments when my ex owes me money, but it is still a possibility - Calculate your loss and take it out of your SS payments. Yes this is against the court order, but presumably she is currently going against the court order by not supporting the declaration of the payments to the CRA.

I don't see what the downside would be. If she registers with FRO for example, then you will have receipts and she will have to report the income. She is stealing your money, so take it back!

Anyone see a problem with this strategy?
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