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  • #31
    sufferer,

    I did not receive the email as of yet. Please send again.

    logicalvelocity@yahoo.ca

    lv

    Comment


    • #32
      Hi....

      Hi Lv,

      I re-send it.May be you send my mail in JunK Folder Hahe....

      Comment


      • #33
        sufferer,

        an interesting case that you should read.

        In the matter of Chute v. Chute [1.], where a party was attempting to have child support reduced. The court held that the payor's income was the same if not more due to evidence the refuted their claim of such. The court concluded that the individual just manipulated their affairs to ensure that the child support obligation would be minimized or frustrated entirely.


        [1.] Chute v. Chute, 2006 CanLII 1915 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc10177.html


        lv

        Comment


        • #34
          Thank YOU LV

          Hi LV,

          I will go through the case.

          I wrote you a Thank You e-mail in the morning but when i checked my sent folder it seemed to me that the content was missing.....Just now I was trying to re-write it when BY MISTAKE my daughter clicked on mouse (cursor happened to be on send ) and another blank mail to you....I am so SORRY.I just wanted to let you know it was" consent to speak to the ex- employer ".He HAD a couple of them(3 lawyers) but now self representing.LV ,Its really bothering me if on this case-conference nothing will be settled then how will I manage financially?Even if not on the imputed income atleast an interim order for a reasonable amount should be there.I spoke to two of the's ........(don't wanna mention you know it ) and I have another question .....Will mail you.

          Sorry for the blank e-mails ,it won't happen again.

          Thank You
          sufferer

          sufferer

          Comment


          • #35
            LV,

            Where do you find these things! The last link was a very interesting read. Thanks.

            Do you sleep at all?

            Comment


            • #36
              Dadof two,

              I thought it was an interesting case as it refers to the SCC case of "Contino" and also presents a good stance to contest a so-called material change of an individual on the grounds that their lifestyle has not changed notwithstanding claim of same. I assume the numbers just didn't add up on the balance of probabilities to suggest what they were claiming.

              lv

              Comment


              • #37
                Need More Help!!

                Hi Lv,

                I have a question which don't even fit in this category but .....will still ask it .I went to file my taxes(first time on my own) and they need a receipt from him(my ex)stating how much support payements he gave me .How am I suppose to get it...I am dead sure he won't give me any.Is there a alternative to it or can you recommend a nice place to go and file my taxes.

                Comment


                • #38
                  sufferer,

                  You could send him a letter requesting a receipt. If he does not comply then don't claim what you received on the income tax form.

                  Child support does not have to be declared if there is no orders or separation agreement delegating same. Keep in mind that even if there was a child support order, any child support received is non taxable for child support orders after 1996.

                  If there is no spousal support order or separation agreement any amounts that he has given you is considered a gift.

                  It is to the other parties advantage if amounts are declared by you, However CCRA will not allow the deduction on his part if no separation agreement or spousal support order is in effect.

                  You could send a formal letter with your tax return explaining the situation.
                  Keep a copy for your records.

                  If Revenue Canada has any questions they will contact you. Be clear on the spousal support that there is no separation agreement or order from the court providing same in your letter.

                  You can get a copy of Quick Tax or Ufile at Staples for under 40. These income tax software programs are user friendly and very easy to use.


                  lv

                  Comment


                  • #39
                    Thank You Mr. AwesomeAdvisor

                    LV ,One last question and I am sure you won't mind .There has been a casual correspondance betweem mine lawyer and his then lawyer that he is ready to give $xxx.My lawyer agreed too on a without prejudice.Will that be considered a legal document equivalent to court orders?Although he never remained on the words.He did provide me the postdated checks but put a stop on them after Ist month without informing me.I came to know about this from the bank people.Second month gave me nothing and kept on reducing the amount to less than half thereafter.

                    Thanks In Advance
                    Suferer

                    Comment


                    • #40
                      sufferer,

                      At this point in time, the amount he gave you is not part of a separation agreement or court order therefore he will not be able to deduct said payments to you on his respective income tax. You do not have to declare anything on your income tax for the same reason. I do suspect the amounts he has given you is most likely not delegated x dollars for child support - x dollars for spousal support.

                      The without prejudice is referred to as neither party can use the payment as a presumption to any of the issues. If and when support is ordered, he may receive credit for said payments or he may not. After all it is "without prejudice" and therefore a gift. There is no law that prevents a person from giving another person some money I should add that since the payments are never the same amount or consistently paid somewhat demonstrates it to be a gift.

                      lv

                      Comment


                      • #41
                        Very Quick Reply

                        Thank You LV,

                        He is very smart specially when it comes to money.....Whenever he provided me some support,there were two checks specifically written Spousal support $xxx,Child Support $xxx.
                        It seems even if he is separating the amount he can't deduct child spport WOW.Each dollar he gives his children will keep him awake few nights ........HaHa.He thinks because i am receiving the CCTB and Universal Child Care payments so he should have no obligations towards Kids.Through out the relationship he kept the payements to himself so its really hurting him

                        Thank YOu Once Again
                        Sufferer

                        Comment


                        • #42
                          sufferer,

                          He may get credit eventually for the payments, but as of this point in time, he will not be able to declare the deduction against his income for any spousal support paid as there is no separation agreement or order from the court providing otherwise. If he makes such claim CCRA will want to have a copy of the separation agreement or court order on file before allowing same. Don't forget to claim your child on line 305 as an eligible Dependant of your Income tax return to offset the universal daycare benefit that you have to declare as income.

                          lv

                          Comment


                          • #43
                            Sorry to be a pain in neck

                            Hi LV,
                            I promise this is the last post of the day[gentleman(woman) promise}Finally what should I do.Just file the taxes without showing spousal support as income or nicely ask him for the receipt first and then proceed accordingly.

                            Thank YOU
                            Sufferer

                            Comment


                            • #44
                              Sufferer,

                              CCRA will not allow the spousal support deduction to the other party due to the fact that there is no formal separation agreement in place signed by the parties or a court order delegating spousal support. On this directive alone is grounds not to claim the spousal support amount.


                              You could write a nice letter explaining the situation along with your tax return(keep a copy for yourself) and itemize what you received and why you never claimed such. Put your contact information on this letter and if they have any questions they will contact you through mail or telephone.

                              You can always correct your tax return at a latter date if reassessed. Don't forget to claim the amount for eligible dependant (line 305) on your return.

                              lv

                              Comment


                              • #45
                                Finally I can file my taxes

                                Hi LV

                                Now I will file my taxes along with a nice letter and keep in mind line 305.As you know that till Sep06 I was in the matrimonial home and he was paying for the groceries and morgage,Will that matter?

                                Thanks
                                Sufferer

                                Comment

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