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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hello there, I had paid my ex-wife spousal support from

Resolved Question:

Hello there,

I had paid my ex-wife spousal support from October 1988-June 2007 inclusive...throughout this time, I do suspect strongly that she did not declare her support with her income tax...

Now, we are back in court in regards XXXXX XXXXX support, and the FRO has been garnishing my CPP which was to be held in Canada for six months until our problems were resolved in regards XXXXX XXXXX wanting spousal support resumed, and then she gets lump sums from FRO until the next six months are up...but, Iam paying income tax on the cpp that is being garnished, and I can guarantee you, she will not be declaring the support Iam paying to FRO...

What can I do?

Tony
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

If you think your former spouse is committing tax evasion then it's your choice to report her.

That will not affect your rights or obligations in any way.

You can deduct support payments from your income for tax purposes if they are paid pursuant to an order or written separation agreement and are paid periodically.

But if you are subtracting this from your income it's not the least bit likely that the CRA would not look for the matching declaration of the support as income in your former spouse's return so it's not likely this is slipping through the cracks. I've never heard of that happening before and for that to happen for almost a decade is really not the least bit likely.

In any event you can certainly report her if you like.
Customer: replied 1 year ago.

Thank you. We arrived in Canada from England in 1978, and she moved back to England in 1989.


Tony

Expert:  Legal Ease replied 1 year ago.
I don't know the law in England and whether the support has to be declared as income there are not.

But you can deduct your payments from your income either way.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86721
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you

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