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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #21  
Old 02-05-2011, 09:41 AM
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I had come across a sentence that the judge made in the separation agreement in October 2010. It says that my ex was to be consider as a spouse until October 2010.
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No we were not together anymore, but the judge wrote in the separation agreement that we were to be considered spouse until Oct 2010.
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sorry about the date it is 2011 that she is to be considered as a spouse, Like I said I was curious about this. And yes I know it is over it has been since we separated. And actually no I have not thought about filing with her on my income tax and never did the whole time we were together...Geeze read the whole thing not just half of it.
It's pretty damn bold of you to make an error on the date, repeat the error, and then fix your error while at the same time telling people to "read the whole thing not just half of it". Holy moly dude, your error on the date was significant and probably affected people's opinions.

Notwithstanding all that, a judge's statement in an order about your continuing to be considered spouses until a time that is after your actual separation does NOT trump the Income Tax Act or the Canada Pension Plan legislation. It constantly amazes that people think that some civil law judge can make exceptions in family law court orders that override legislation made by Parliament.

This page Survivor Benefits is pretty clear in stating that you have to be a common law partner at the time of death. You're not eligible. And relying on that statement by the judge in your order is going to get you nowhere.

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The income tax is irrelevant, as most people can claim single even in a common law relationship. The fact that 2 people where claiming that they were in a common law for 10 year is enough. The income tax form is only use for divulgation of the revenue 99 pourcent of the time not to determine common law..
What's your source on the that statement about most people in common law relationships claiming single? Your friends, the people on your street, your family? That tossed off generalization probably has no basis in fact and you are just using it to justify your own misrepresentation.

Moreover, the impact of your marital status claim on your tax return most certainly is relevant. Any CTB payments she received for her children while you were together for 10 years would have been reduced or even eliminated depending on your income had you properly disclosed your common-law status. She furthermore probably made an elgible dependant claim for 10 years which robbed the taxpayers of this country of about $15,000.

I have this conversation with common law partners all the time, and you are right that there are many people out there misrepresenting themselves for the sole purpose of benefitting from a tax perspective. There are common law couples out there (but not most couples as you say) filing as single to improperly receive benefits totalling around $5,000/year including the CTB. So over 10 years you two ripped off the system for maybe $50,000.

My question for you is "Why did you file single". I think we all know the answer to that don't we? You two knew all along that the tax benefits were the reason didn't you?

And you say "the income tax is irrelevant"? Give your head a shake. You're either downright lying or incredibly stupid.


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Well tax is another mattter as long as you don't owe money.
Give me both of your SIN#'s and I will be happy to get the CRA to review your situation and advise of the financial reprecussions of your misrepresentation of your marital status. Without knowing anything about your respective incomes, I'll set the early betting line on the over/under at $50K.

You two ripped off the taxpayers of this country for 10 years by lying about your marital status and claiming single. Now you have switched gears and want to tell that same government that you were actually common-law? Do you understand what you have just done????

On second thought, don't bother giving me your SIN#'s. Now I realize that you must be incredibly stupid. You just gave yourself up by applying for those CPP survivor benefits. Be prepared for the CRA to have some serious questions for you when they learn that you were common law for 10 years.

Your greediness in filing single all those years and now your stupidity in improperly applying for CPP survivor benefits that you won't get is astonishing. Holy backfire!!!

WHAT AN IDIOT

Last edited by dadtotheend; 02-05-2011 at 10:02 AM.
  #22  
Old 02-05-2011, 09:47 AM
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You are allowed to disagree and do your own thing in your life, as I am allowed to disagree and do my own. The important things is always the intention. My intention is to give money nobody else can claim to her daughter, that in itself I think in my opinion that is a good thing, she lost her mother with no revenue whatsoever, her father only think of his career so in essence maybe that will help her a little. I believe that is a good thing. So that you know she is not my daughter but helping her a little goes a long way.
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Old 02-05-2011, 09:55 AM
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Max - your original question has been asked and answered!

Your intentions are irrelevant!
  #24  
Old 02-05-2011, 10:06 AM
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You don't get it do you?

You just applied for something for which you are clearly not eligible and in making your doomed application, you unknowingly gave yourself up on the tax fraud that you two perpetrated.

Instead of "getting some money for her daughter" the government is going to come calling on you for some serious coin.

Un f'n believable.
  #25  
Old 02-05-2011, 10:08 AM
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You are allowed to disagree and do your own thing in your life, as I am allowed to disagree and do my own.
You are allowed to disagree, but you aren't allowed to break the law which is what you two did for 10 years.
  #26  
Old 02-05-2011, 10:10 AM
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Sorry about the date, but I have pay my fair share of income tax by claiming single and has not benefit in any way from claiming single. As far as who rip who that is discutable.
  #27  
Old 02-05-2011, 10:15 AM
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  #28  
Old 02-05-2011, 10:16 AM
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I have pay my fair share of income tax by claiming single and has not benefit in any way from claiming single. As far as who rip who that is discutable.
That is total bullshit.

You two ripped off this country for around $50K while you were together.

Just because the cheques were made out to her doesn't change that you participated in the scam and benefitted as a member of that household.
  #29  
Old 02-05-2011, 10:34 AM
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Thank you DTTE - finally someone who gets what I've been saying!

Max - you didn't say anything about the daughter until someone disagreed with you and then you said you MAY give the money to the daughter. I have read back through your posts at this forum and your story and timeline changes quite frequently. You can't even be consistent on how long you were together or lived together - you have posts here claiming 5 years and other posts from two years ago claiming 10 years at the time. You're trying to snow someone here, mostly the taxpayers.

Either way, the daughter can apply for children's benefits so she is not without anything.
  #30  
Old 02-05-2011, 10:35 AM
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Max - you say that you spoke to a few lawyers here and there, and based on their information you applied for the CPP Survivor Benefit - question - do these lawyers you spoke to hire accountants to do their taxes? You might want to ask yourself why?
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