Income tax and support

[Boomstrike]

Hello all,

I have always paid my ex child and spousal support via cheques in the past. Now its through a maintenance program. She did not provide any receipts but she did acknowledge receiving the cheques.

I am getting audited by the CRA about making a claim of paying spousal support to the ex. The CRA now wants receipts or cancelled cheques for the payments made.

I don't have any receipts to prove the payments were made and I can't access any cancelled cheques from the bank as it is over 1 year ago the cheques were made.

The ex won't issue any receipts or make a declaration that she received these payments so my claim will not go through. The money that I was suppose to get back was to support the children.

Is there a way to make an application and take her to court and get a judge to make her sign a document stating that she has received this money for support.

I am in awe that a mother who tells the courts she would do anything for these children would deny them having access to over $3000.

Thanks for any input.

 

[Frustrated_DAD]

Get a bank statement for the period in question showing that cheques were cashed for the amount listed in your agreement and similar to your maintenance program.

This will show that you had monthly cheques cashed usually with the same value (since it is SS) and is the same as your agreement. This should hopefully be enough for them.

 

[first timer]

I followed this process as outlined by CRA:

Registering your court order or written agreement If a court order or written agreement requires payment of support for a spouse or common-law partner, it must be registered with the Canada Revenue Agency. By doing so, we are able to verify the part of your payments that is spousal support and, if applicable, the part that is child support. You will also avoid unnecessary delays and adjustments to your income tax and benefit return.

To register your court order or written agreement, follow the instructions on Form T1158, Registration of Family Support Payments. Do not include your order or agreement with your income tax and benefit return.

Notify us if the spousal or child support payable changes from the amount originally registered (other than cost-of-living adjustments or changes already provided in the court order or written agreement).

You do not have to register your court order or written agreement if it requires child support payments only.

Note
Complete a separate form for each court order or written agreement you are registering.

Registering your court order or written agreement

I also copied all cheques and printed off the cashed cheque statement from the bank on a monthly basis; just in case.