involveddad75
New member
Here is a breakdown of my problem. Went to trial got the following ruling in June 2012
[58] The parties shall cooperate in relation to the filing of income tax returns such that each
shall benefit by claiming one child as dependent upon them given the sharing of time and in
relation to daycare costs and expense. Should some other method of filing be deemed more
feasible and of mutual financial advantage, the parties may file accordingly.
My problem is it doesn't state this is the case for 2011 tax year. So here is what has happened. The two children have lived with me 50% since separation except for 13 days when my ex unilaterally withheld the children. She filed for and claimed both children, she moved 45 minutes away to another town. I remained in the home the children always lived. I filed for 1 or 2 children can't remember.
Documents I have.
1. Unsigned agreement stating 50% when she left
2. Endorsement stating 50% from May 13th 2011 2,2,3,2,2,3 schedule. Also stated Jurisdiction of the children would remain in my court house not move to where mom lived.
3. Consent order stating week about from June 2011
4. Final order stating week about June 2012 Final.
Revenue Canada has stated that since I didn't provide a signed letter from mom stating I could claim on of the children to revenue Canada they are taking back over $3500.00 when they audited my NOA.
Here is my understand of the law. Section 20(4) where parents separate (children law reform act)
Since I stayed in the home and she moved, I have custody unless by way of order I do not.
Questions:
What other letters will Revenue Canada except if mom won't sign giving me permission to claim 1 child.
What do I need to do to appeal this decision from CRA?
What do I need to do to get CRA to audit her taxes for 2011, I think if they told her she can't claim the children either unless I sign then she would sign the letter.
[58] The parties shall cooperate in relation to the filing of income tax returns such that each
shall benefit by claiming one child as dependent upon them given the sharing of time and in
relation to daycare costs and expense. Should some other method of filing be deemed more
feasible and of mutual financial advantage, the parties may file accordingly.
My problem is it doesn't state this is the case for 2011 tax year. So here is what has happened. The two children have lived with me 50% since separation except for 13 days when my ex unilaterally withheld the children. She filed for and claimed both children, she moved 45 minutes away to another town. I remained in the home the children always lived. I filed for 1 or 2 children can't remember.
Documents I have.
1. Unsigned agreement stating 50% when she left
2. Endorsement stating 50% from May 13th 2011 2,2,3,2,2,3 schedule. Also stated Jurisdiction of the children would remain in my court house not move to where mom lived.
3. Consent order stating week about from June 2011
4. Final order stating week about June 2012 Final.
Revenue Canada has stated that since I didn't provide a signed letter from mom stating I could claim on of the children to revenue Canada they are taking back over $3500.00 when they audited my NOA.
Here is my understand of the law. Section 20(4) where parents separate (children law reform act)
Since I stayed in the home and she moved, I have custody unless by way of order I do not.
Questions:
What other letters will Revenue Canada except if mom won't sign giving me permission to claim 1 child.
What do I need to do to appeal this decision from CRA?
What do I need to do to get CRA to audit her taxes for 2011, I think if they told her she can't claim the children either unless I sign then she would sign the letter.