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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 07-25-2006, 05:29 PM
mom22galz mom22galz is offline
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Default Separated for tax purposes?

Last week I received a letter from the Feds advising my CTB payments have been cut off since my ex did not file his tax return.

Quoted from the letter:
"we are unable to determine if you are still entitled to the CCTB because we do not have.... your spouse's or common-law partner's tax return"

Followed by this nice statement:
"Please note for income tax purposes, we may consider you to have a common-law partner, even though you might not consider yourself in a husband/wife relationship"

It then lists a bunch of criteria, the 3rd one down being:
"you share a household with someone who is the natural or adoptive parent of your child;"

Anyone know if it's possible to live separate and apart within the same house for tax purposes???

We've maintained separate sleeping quarters 2 floors apart for over a year now. His space is in the basement while the kids and I on the 2nd floor.

We do not present ourselves in public as a couple. Everyone knows we've separated (school, daycare, family, colleagues, neighbours). I was under the impression that we met the criteria for separated after living seperate and apart for 90 days. Now it seems I'll be on the hook for his irresponsible behaviour until I can get him to move out, which he refuses to do!!

Hoping the legal minds out there can help me. Saw another post advising to send the CRA a sworn affidavit. Would that work in my case? I checked out the link provided to form 14A and it seemed like an Ontario Court form...

Thanks!
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Old 07-26-2006, 10:41 AM
mom22galz mom22galz is offline
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Default clarification

Just to clarify, 2005 was filed common-law -- I also prepared his return and left it for him to sign and deliver, which he seemingly never did.

I'm asking about 2006, assuming I haven't gotten him out of the house come October, will we still be seen as common-law despite the reality of the situation? As the spouse with the higher income, I can only claim the child care dedcutions once we're separated.

Last year the full unsubsidized daycare fees I paid were significantly higher than their father's annual income, same goes for this year.

I'd been hoping to be able to claim them myself and actually enjoy a tax refund next time I file
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