Revenue Canada - "Separated"

Rioe said:
Serene,

I'm pretty sure CRA only cares about a single paragraph of very specific wording in your separation agreement. Sending in all that other crap only annoys them.

Find out what that exact wording is. Either from asking them directly on an info line, or asking on here. I think it has something to do with demonstrating that EACH parent PAYS child support according to table income. It's the offset system, but CRA really wants to see more than just that word. They want to see that the person claiming the CCTB is a receiver of CS.

If your separation agreement has the appropriate wording, send them that page with the paragraph highlighted.

If it does not, make a motion to change the agreement to put that wording in. Make sure it's clearly retroactive to a particular date. Then send the new agreement page to CRA and ask that all relevant past tax years be reassessed.

The thing about CRA is that they will only pay out money if everything is just how they like it. Any confusion, and their default is to withhold money. They do this because it's a lot easier to hold back money and give it out later when all the paperwork is correct than it is to get back money that is already out there.
Click to expand...

The CRA website / section pertaining to, is very vague when it comes to shared parenting. I did call them and actually got through within secs to a lovely lady who took the time to go over this with me, and more

Yes they want to see the two way exchange of CS indicated in the Sep agreement, but when it comes to claiming dependent, this is the part that they seem to make assumptions that because a party is receiving CS (offset amount), they are the one to claim the dependent(s)
 
Offset can only be established after a year has gone by if the parties don't agree. This is our situation. We have been in court process for two years and now heading to trial for someone to count hours and minutes to determine offset child support. So we have over 3 years of cctb to be determined bug of course has been paid out already to mom.

The seller agreement does not say offset. Only dad is to pay child support. The access schedule is also vague as dad is to see kids as much as possible and no times were set out. Things used go be reasonable between them. That is until dad started a relationship. That's how it normally works right?

Oh yes. And mommy dearest lied on her taxes. She Has been claiming single yet is common law this entire time. No doubt to increased cctb entitlement. And another reason to fighting uso tooth and mail about cctb. Because i suspect a hefty overpayment in cctb to her kf and when our claims for cctb are accepted.
 
Well .. here we go again! Seems that a different department want more information. They issue a letter stating that my status is changed and approved .. they indicate the fairly substantial credit .. BUT .. they will not release it until I satisfy the request of a different department. It truly is never ending .. it is such a huge source of stress and anxiety for me coupled with my ongoing legal battle with the ex. I understand that there are people who commit fraud .. I get that ... but in my case I've not done anything wrong. How can you be approved one moment and 10 days later I'm back at ground zero? How utterly frustrating ...
 
I'm still waiting for my "confirmation" letter regarding the UCCB and CCTB so I can file my informal objection.
 
What irritates me to no end is that just last week I got my statement showing the change back to separated and the tax credits I'm entitled to. Then I get notification that oh no.... we aren't depositing this amount until I provide the same documentation that I did in the Spring. I'm so horribly confused ... it feels almost harassing in nature.

I do not understand how they make one decision based on the documents submitted and then they tell me they want more?

Does this end at any point? Worst part is ... my Ex moved in with his parents so I have no way to provide a lease agreement or letter from a landlord. They make it impossible to justify anything.
 
I finally got both my letters for CCTB and UCCB (and $$$) so now I can actually file my appeal.

I was paid for June - Nov (2013).

I'm attempting to get it back to Sept 2011. Wish me luck.
 
My formal appeal has now been submitted online. I will let everyone know how it goes.

I also noticed that my 2011 return now states "reassessment in progress". I'm not sure how it will go but I"m sure I will find out soon.

Slow but steady progress. Although is there any other way with the CRA lol. :eek:
 
FB_ said:
My formal appeal has now been submitted online. I will let everyone know how it goes.

I also noticed that my 2011 return now states "reassessment in progress". I'm not sure how it will go but I"m sure I will find out soon...
Click to expand...

It won't be "soon". lol.
 
Actually once they start, I don't think it takes that long because they've assigned someone to it. Mine took a week. I'm assuming that they're not super busy this time of year.
 
I noticed that they have reassessed my 2011 taxes after I sent in the T1 Adjustment. My legal fees were accepted. However the change in marital status and claiming my son as a dependent were not, although they are not mentioned in the reassessment at all. I guess I will register my 3rd formal dispute.
 
However the change in marital status and claiming my son as a dependent were not, although they are not mentioned in the reassessment at all.
Click to expand...

You are further ahead than I am.....I was reassessed before the holidays also. Prior to that, they had asked for "more info" proving/showing that I had my son for a certain periods/ that he lived with me.

All this was sent to them, but I also called the office up in NFLD and managed to get hold of this lovely lady within seconds of dialing. She noticed that "the system" defaulted back to "married" and in the process affected the separation date. She gave me a trick to get it back to "separated" and for the official separation date.

This all made sense, and explained why they kept asking for stuff I already sent them before. Additionally, it further explains the reassessment that now acknowledged what I have been trying to tell them.

So...log in to check your info, if something is not right, pick up the dog and bone and call them
 
Last edited:
FWB said:
You are further ahead than I am.....I was reassessed before the holidays also. Prior to that, they had asked for "more info" proving/showing that I had my son for a certain periods/ that he lived with me.

All this was sent to them, but I also called the office up in NFLD and managed to get hold of this lovely lady within seconds of dialing. She noticed that "the system" defaulted back to "married" and in the process affected the separation date. She gave me a trick to get it back to "separated" and for the official separation date.

This all made sense, and explained why they kept asking for stuff I already sent them before. Additionally, it further explains teh reassessment that now acknowledged what I have been trying to tell them.

So...log in to check your info, if something is not right, pick up the dog and bone and call them
Click to expand...

I just called and spoke to someone.

He confirmed that my problem continues to be that on Dec 31st, 2011 the system has me as married. He said he can see my appeals and they will be dealt with. I then called the appeals department, a nice guy in Sudbury confirmed my appeals. I asked him if those appeals would cover my 2011 tax return. He said just appeal that one as well and it will all be dealt with under one case/file.

I am slowly making progress. The problem was I was not legally able to appeal my Marital status until I was "officially" denied a benefit because of it. I now have been officially denied the CCTB, UCCB, and Eligible Dependent Claims back to Aug 7th, 2011. So now my appeals should go a little more smooth.
 
I received the letter from them stating they have received my online dispute. Due to the current case load an agent will contact me within 3-6 months to discuss my case.

It also said I could send in any relevant paperwork now. Not sure what to send in if anything.
 
CRA is WAY behind on everything right now...I have been in the biz over 20 years and have never seen it like this (they are taking a page from the IRS??!!).
Just sit tight it will happen eventually.

For anybody who's status is changing or has recently changed you are required to notify CRA ASAP because they did change the rules a couple years ago and changes in status re: income tested benefits (HST, CTB, etc) become effective immediately, not when you file your next tax return. Getting the marital status change info in on a timely basis goes a LONG way to making your dealings with them easier.

http://www.cra-arc.gc.ca/E/pbg/tf/rc65/rc65-13e.pdf

this is the link to the appropriate form. Maybe its father back in the thread but I didn't read all the way through :)
 
My appeal has been officially assigned although not reviewed yet. The letter stated now is the time I should send in any supporting paperwork. I'm not sure what else I should include. I've already sent in 3 different packages of various documents. Although I'm not sure it will all be in this file.
 
Oh different situation. I haven't and am not going to read all the posts to get the history.

But does your court order indicate a date of separation?
I would think if family court states your date of separation then CRA should honor it.

But you might have to prove you weren't sleeping in the same bed.
 
involveddad75 said:
Oh different situation. I haven't and am not going to read all the posts to get the history.

But does your court order indicate a date of separation?
I would think if family court states your date of separation then CRA should honor it.

But you might have to prove you weren't sleeping in the same bed.
Click to expand...

That's the issue. CRA "interpretation" of "living separate and apart" does not include living in the same house. Therefore they deny it. There is case law posted further back in this thread stating that their interpretation is incorrect.

It's just a matter of following the process now. The funny thing was they accepted my 2012 and 2013 taxes as separated and gave me the dependent credit for my son even though my ex didn't move until May 15th, 2013. They started the CCTB and UCCB splitting July 2013.

My 2011 taxes were incorrectly submitted as married even though we were separated. I sent in a T1 adjustment changing it to separated and requesting the dependent credits. The change to marital status was denied therefore I could not claim the dependent credit.

My 2013 taxes were also submitted as divorced.

It's been a 2 years battle which might finally be coming to an end soon.
 
You must log in or register to reply here.
Back
Top