Re-filing income tax

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frustratedwithex

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During the first year of our separation an agreement was drawn up with a mediator. At that time my X asked for a paragraph to be included that specified which year each one of us would claim the children for income tax purposes.

At that time my X specified that I would claim for the 2009 income tax. I did. He also did. My claim went through, his did not, and CRA is asking him for more information.

Since mediation we tried negotiating through lawyers for a year and now the X has filed with the courts and now we are proceeding this way.

For about a year now X has asked me to sign a letter he drew up that specifies what the living arrangements are for the children, (50/50, 2 weeks him, 2 weeks me).

During this time X has stated in a formal offer that he would like us both to re-file our 2009 income tax in order to address this. We have not reached any settlement yet. He is now telling me if I don’t sign in the next week he will bypass me and will obtain written clarification from the children.

My question is why would he need this before the end of the month? Is there a certain time frame that this re-filing needs to take place?
 
If that is the living arrangement why wouldn't you just sign the latter stating as much so that it is resolved?

Why are you not signing it?

Do you want him to be in trouble with the CRA? I imagine if you have been putting it off for a year the government worker handling the case is getting rather annoyed it is taking so long to get the information he requested.
 
It sounds like he wants to push his claim for 2010, even though you had a written agreement for that (and subsequent) years CRA still wants confirmation due to the dual claim in 2009.

Write him back that as you have 50/50 custody, the dependant claim will alternate each year. That as per the original agreement, you claimed the dependants in 2009 and his claim was erroneous and he needs to admit that to CRA himself, it has nothing to do with you. That for future years, the alternate claims will go through as originally agreed. State that you will address the CRA with this same information and you expect him to adhere to the agreement in the future.
 
Mess, Thank you for the e mail example. I have written something I think is brief and to the point.

My understanding is we will refile our respective income tax when settlement is reached. I will be happy to sign this and move this forward at that time.

But his latest statement where he says he will obtain written clarification from the children is worrisome. Not because it isn't true, but because he is involving the kids in our issue.

I was thinking of including a statement asking him to keep the kids out of it, but I don't know if I should.





 
You can't stop him from saying things to the kids.

I suggest you call CRA yourself and clarify whether the statement from the kids would even be acceptable, I would suspect not. When there is doubt, the CRA would want to have a copy of a court order.

If it were me, I would write my ex and assert firmly that children should not be involved in divorce issues. This would give an email paper trail that you could bring up if necessary in court later on. You many not expect to have a reason, but if he keeps doing crazy things like this you may end up seeking particular wording to an order limiting his actions in the future. Having a paper trail is always better than not having one.
 
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