CRA...proving claiming a child in a shared custody 50/50

O

oink

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For those that have gone through this with CRA, what/which documents did you send to CRA to reassure them that you have shared custody?

This is the first claim between EX and I, and I received a letter from CRA today, even though I had sent them a separation agreement that clearly shows that there is a two way CS payment in our case i.e 50/50 but with me paying the difference

The letter states ..."you cannot make a claim for a child when you are required to make support payments for that child at any time in the year"

For those that have received this is a similar situation, how did you deal with it to make them realize that there is a two way exchange of CS, and that you are paying the difference?

Thanks in advance
 
oink said:
For those that have gone through this with CRA, what/which documents did you send to CRA to reassure them that you have shared custody?

This is the first claim between EX and I, and I received a letter from CRA today, even though I had sent them a separation agreement that clearly shows that there is a two way CS payment in our case i.e 50/50 but with me paying the difference

The letter states ..."you cannot make a claim for a child when you are required to make support payments for that child at any time in the year"

For those that have received this is a similar situation, how did you deal with it to make them realize that there is a two way exchange of CS, and that you are paying the difference?

Thanks in advance
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What is the "EXACT" wording of your order/agreement
 
FB_ said:
What is the "EXACT" wording of your order/agreement
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It's not a court order.....wording is that party A will pay party B x amount, and party B will pay part A y amount....I highlighted this in the forms I sent them :rolleyes:
 
oink said:
It's not a court order.....wording is that party A will pay party B x amount, and party B will pay part A y amount....I highlighted this in the forms I sent them :rolleyes:
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Mine says the same.

What were you doing when you got this letter.

Claiming as a dependent?
Filing for CCTB?
Filing for UCCB?

I just logged onto CRA and it now has my payments of CCTB and UCCB calculated back to May 15th, 2013 (Day she changed her address)

I was told I would be a getting a letter and then I could file my objection to the date.
 
FB_ said:
Mine says the same.

What were you doing when you got this letter.

Claiming as a dependent?
Filing for CCTB?
Filing for UCCB?

I just logged onto CRA and it now has my payments of CCTB and UCCB calculated back to May 15th, 2013 (Day she changed her address)

I was told I would be a getting a letter and then I could file my objection to the date.
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Letter just came in today, she moved out a couple of months ago...

Yes

Claiming Son as a dependent
Filed for CCTB
Filed for UCCB
 
oink said:
Letter just came in today, she moved out a couple of months ago...

Yes

Claiming Son as a dependent
Filed for CCTB
Filed for UCCB
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I have two kids and only claimed one. I wonder if this might be the reason for the difference.

Do you have any idea what your ex claimed

EDIT: My application was just approved last week for UCCB/CCTB with a date of May 15th. I believe your date was August correct. Might be a while to get it all sorted out.
 
No I do have any idea what she claimed, but I can take a wild guess that she went all in....




  • Joint custody, one child: Unfortunately, the amount for an eligible dependant cannot be split, so the parents will need to decide who will claim it. It can be claimed in alternate years. If both parents claim it, then the CRA can disallow both. The same parent will claim the child amount.

  • Proof of custody: If you are claiming the amount for an eligible dependant, you may be asked to prove custody by the CRA. You should be able to provide some kind of documentation that the child resides with you.

  • Child Tax Benefit: The CRA will split the Child Tax Benefit between parents with joint custody.
- See more at: How to claim the children when parents separate Tax Talk from H&R Block


http://www.hrbtaxtalk.ca/blog/how-to-claim-the-children-when-parents-separate/#sthash.usuuUDQ0.dpuf
 
So are you saying that you claimed the child without speaking to Mom about it? Is it safe to assume that she also claimed the child, thus you were denied? Is it possible she was denied also? Is it possible that she claimed sole custody and thus received CS...

You should have seen this coming, as she is not reasonable but if you did not communicate with each other, then you both may have to prove the custody arrangement.
 
Berner_Faith said:
So are you saying that you claimed the child without speaking to Mom about it? Is it safe to assume that she also claimed the child, thus you were denied? Is it possible she was denied also? Is it possible that she claimed sole custody and thus received CS...

You should have seen this coming, as she is not reasonable but if you did not communicate with each other, then you both may have to prove the custody arrangement.
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She won't be that stupid to claim sole custody, as she clearly in her case conference brief agreed to my claim of 50/50 shared custody, and all documents pertaining to the child has that info in it....that we have shared custody with no parties house as the primary residence
 
You both have to agree or neither of you get it. It's that simple.

In our agreement I claim our son and she claims our daughter.

I also received a letter from CRA a couple of weeks ago asking for confirmation that we were in a shared parenting arrangement. My ex told me she got the same paperwork even though it was me filing for all the benefits.
 
FB_

You case might be straight fwd due to the fact that there are two (2) kids involved.

We on the other hand just have the one (1) child of the marriage.
 
If your agreement specifically says that you both pay each other child support, then you will likely have to clarify that with them, again, in writing, pointing them to the specific rule, that outlines that arrangement, in the CRA tax law to have this remedied.

Likely, both you and your ex claimed the "dependant" portion, and that caused issues - you both will have to decide who/when that claim is made. You will likely have to add that specifically to your agreement. (parent A will make claim in even-numbered years, parent B will make claim in odd-numbered years, etc).

I find CRA, has to be pointed specifically to tax rules, as they will not go out of there way to make sure you get your money back. I also find they will do whatever they possibly can, to deny you your tax money, until they can no longer legally do so. It's easy for the "tax payor" to give up, eventually, and CRA wins.
 
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oink said:
FB_

You case might be straight fwd due to the fact that there are two (2) kids involved.

We on the other hand just have the one (1) child of the marriage.
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Agreed but it doesn't change the fact that the two of you have to agree. From the research I did on her I made sure my lawyer wrote it very clearly in our agreement what was to happen.
 
oink said:
No I do have any idea what she claimed, but I can take a wild guess that she went all in....
Do you not have to supply each other with your complete income tax returns that would not only show this, but help in the calculation of cs?

FB_ said:
You both have to agree or neither of you get it. It's that simple.

True. My ex did not want to do this or to follow the advise of her accountant, so she claimed both eligible and child credit anyway. I was forced to do the same, including a letter to the CRA that explained the situation causing a red flag situation. Both parents have to agree or no one gets it. CRA will ensure this.
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SRT said:
oink said:
No I do have any idea what she claimed, but I can take a wild guess that she went all in....
Do you not have to supply each other with your complete income tax returns that would not only show this, but help in the calculation of cs?

FB_ said:
You both have to agree or neither of you get it. It's that simple.

True. My ex did not want to do this or to follow the advise of her accountant, so she claimed both eligible and child credit anyway. I was forced to do the same, including a letter to the CRA that explained the situation causing a red flag situation. Both parents have to agree or no one gets it. CRA will ensure this.
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It's our first time of doing this, she left the MH only recently after taxes were long filed. I did exactly what you mentioned in bold, and I called them today, and got thru right away to this lovely lady (very nice on the phone) who loved my accent and sort of helped me out by pointing me to what might help alleviate this problem

I have since submitted electronically a cover letter with the right wording, and other docs to further back up my stance. Now I wait and see
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