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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My ex and i had a verbal agreement that i would sign his

Customer Question

My ex and i had a verbal agreement that i would sign his seperation agreement and not take him to court if i took the 42000 and shared 50/50 custody and i was the one who claimed the kids. That agreement was signed in 2013. He is now trying to claim my son with cra from august 2013 till now. I moved about and hour away from sept 2013 till april 2015. Do i have any rights in this.
Submitted: 5 months ago.
Category: Canada Law
Expert:  Legal Ease replied 5 months ago.
With whom did the child live at that time? Did you also make a claim for child tax benefits during that period?
Customer: replied 5 months ago.
Primary was with dad. Yes i did claim child benefits. Our verbal agreement was i claim the kids. As long as i dont take him to court.
Expert:  Legal Ease replied 5 months ago.
What explanation has he provided you as to why he did not adhere to the agreement?During those years did you also claims the child and so have you now been reassessed?
Customer: replied 5 months ago.
i claimed my son in those years. In that same year he got a 14 yr severance package after leaving a federal job. Which brought his income up. Plus cra advised me to claim the 42000 as a lump sum payment. He asked me to lie and say it was paid over 3 years. He was very angry that i wouldnt. So now he is saying im entitled he was in my primary resedience. Also claiming we had no verbal agreement. I am a waitress that makes 9.80 an hour. I cancelled my claim against him at fro, and signed his agreement and took the money he presented. Finacially i didnt have the money to fight him.
Customer: replied 5 months ago.
now cra wants proof i had my son primary, which i cant provide. How do i respond to them. In this matter, is it true i have no rights, even though we had a verbal agreement.
Expert:  Legal Ease replied 5 months ago.
Why didn't the separation agreement contain a provision that stated he would allow you to claim the child tax benefits?
Customer: replied 5 months ago.
He wrote it. When i asked that he told me. Its not needed, i have no reason to claim ryan it doesnt help me. He said i dont care if you claim him i just want this over with. I believed him.
Customer: replied 5 months ago.
At that time he was refusing to pay anything until i signed it. I took his word and signed it.
Expert:  Legal Ease replied 5 months ago.
You have no response that will help in terms of your retaining those benefits. But you should tell them the truth so that they understand that you were not trying to do anything unlawful or dishonest. Your only option would be to take your former spouse to court and seek compensation for the damages he caused you. You were coerced and tricked into signing a separation agreement and once you did he then decided that whatever misrepresentations he made to you no longer mattered. A court will see this as unfair. While you will not be entitled to the child tax benefits, you very well may be entitled to other money. In fact, it is possible given your fact situation that a court will set aside your separation agreement. I know that it is going to be difficult for you to retain a lawyer, but it is my view that if you were to pay a lawyer to send your spouse a letter threatening a lawsuit this matter may settle. One letter will not be that expensive and may actually work. If not, what you can do is retain a lawyer on what is called a limited retainer basis. What that means is you would pay the lawyer a smaller fee to assist you from time to time while you would self-represent. So, for example, a lawyer could tell you what you should put in a legal pleading, but you would draft it yourself. Or, for example, the lawyer could coach you before you go to court as to what you should do in court but the lawyer would not attend court so the fee would be quite small.

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