• Last Updated:
  • Nov 12th, 2018 6:49 am
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[OP]
Newbie
Nov 7, 2018
4 posts

Common law/tax cheat

I have a good friend in the middle of a nasty separation. They have living together for 5 years with no break ups or time alone. They have two kids together him being the father. His ex partner made him claim single on his taxes so she was able to obtain all the child tax/subsidy and grants from schooling as she was going to school to become a engineer. He has always worked hard for his money and always had his own bank account with no money transferring between them in thier relationship, thier was no access to each others accounts. He told me he never really knew why she made him claim single all this time. Now that his ex gf is currently filing for child support from him, she also says he never lived with her. How can my friend even begin on what to say on his court papers that he has to reply back to her . He is trying to fight for his kids into split custody, but doesn’t know where to start because apparently he has never lived with her for 5 years. She made him do all this so she can claim all the benefits, but still take a ride on his gravy train on him paying for the rent and taking care of his kids the right way ?
27 replies
Deal Addict
User avatar
Sep 1, 2013
4526 posts
232 upvotes
Probably should get advice from a lawyer rather than an Internet forum.
Deal Addict
Aug 30, 2011
2983 posts
764 upvotes
Ottawa
Agree about consulting a lawyer. Two points: how did she "make him" do this? And if he wants to really get nasty, call the CRA and explain the "error". They'll correct the situation and send her a bill.
Member
May 1, 2018
356 posts
172 upvotes
Vancouver
If he has had any bill go to the address consecutively for 2 years (I believe?) that they have lived together for the past 5 years, then her claim that they never lived together will go out the window right away.
Deal Fanatic
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Feb 19, 2010
5258 posts
2081 upvotes
OttawaGardener wrote:
Nov 8th, 2018 7:40 pm
Agree about consulting a lawyer. Two points: how did she "make him" do this? And if he wants to really get nasty, call the CRA and explain the "error". They'll correct the situation and send her a bill.
No kidding. I love how she "made" him sign a false declaration on his tax return as to the accuracy of it and is now claiming it's not his fault.

People deserve what they have coming to them and that applies to both of them in this case.
Member
Nov 12, 2014
436 posts
226 upvotes
Kingston, ON
Get legal advice. What address did they use for their tax returns? CRA can easily see people have the same address and ask questions about their relationship.
Deal Addict
Oct 7, 2007
3984 posts
1190 upvotes
I agree with consulting a lawyer for advice. I also don't think it is good to lie to anyone but especially not the CRA nor the courts.
[OP]
Newbie
Nov 7, 2018
4 posts
They used different address. He had no idea up until she summited her financial statment and all of her income she obtained the last three years when she is applying for childsupport Thru mediation/family court. They both summited thier financial records and it shows that she has been receiving all this additional income. What did she tell child tax/student loans on how she receives childsupport from the father of her kids when she is getting grants and child benefits from claiming to be a single mother? My friends records show nothing but paying rent and having a very steady good income. What it seems like to me is after she took him in the process to obtain childsupport she reviled what she has been lying about the whole time, almost like she dug a hole for herself and as no way out of it. My friend just wants to be sure he won’t be on the hook for her fraud as the papers are being revied by lawyers/courts.
Also he tried to contact his landlord to get a recipte for all the rent he paid (cash) he said that he never lived thier ? So the landlord is covering for his ex ? Because why ?
Deal Fanatic
User avatar
Feb 19, 2010
5258 posts
2081 upvotes
Prolance1234 wrote:
Nov 9th, 2018 11:56 am
My friend just wants to be sure he won’t be on the hook for her fraud as the papers are being revied by lawyers/courts.
Don't kid yourself (I mean your "friend" :rolleyes:). She's not responsible for his tax fraud. That's on him.
Jr. Member
Sep 2, 2009
175 posts
71 upvotes
Ottawa
Prolance1234 wrote:
Nov 9th, 2018 11:56 am
Also he tried to contact his landlord to get a recipte for all the rent he paid (cash) he said that he never lived thier ? So the landlord is covering for his ex ? Because why ?
Did he give cash directly to the landlord or did he give the cash to the ex that then gave the cash to the landlord?

The whole situation sounds like a mess... both people lying on their tax returns to get extra money from the government (whether the friend got the money or not is not the government's concerns, they base benefits usually on the "family" income... so his lie caused the ex to receive more money than likely entitled)... plus, pure speculation here without more details, but the landlord may also be hiding income from the CRA by accepting cash but no receipt (or only the ex was on the lease - which means only she would get receipts).

If he had simply put his correct address on his tax return, he wouldn't be worried now about having lied (plus there would have been a paper trail, since you can claim rent paid on your taxes for where you are renting).

Definitely time to lawyer up hard... then maybe a call to CRA to "fess up".
Deal Addict
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Mar 9, 2012
1675 posts
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Kitchener
So she forced him to use a different address for his tax returns?? How does one actually even do that? Sounds like he's part of the problem and wanted the benefits of higher CCB's while living with her. Since he committed tax fraud and so did she, it's going to be more difficult for him to get split custody because all the court is going to see is the mom at one address with her kids, and him at a different address without his kids for all those years. The part that he's not telling you that it wasn't really 'forced' but rather encouraged and he willingly went along with it, until now.

They both committed fraud, but there's no solution that is not going to be painful.

He (or they) fess up to the CRA, lots of back money to pay back for subsidies and CCB's plus other benefits plus perhaps income tax. Looks poor in court that they were dishonest. Or, they keep quiet and he's paying support until it stops.
Penalty Box
User avatar
Dec 13, 2016
2216 posts
1677 upvotes
The joys of marriage.

My second marriage is far from Canadian soil, thank God.
Jr. Member
Sep 2, 2009
175 posts
71 upvotes
Ottawa
Prolance1234 wrote:
Nov 9th, 2018 11:56 am
What did she tell child tax/student loans on how she receives childsupport from the father of her kids when she is getting grants and child benefits from claiming to be a single mother? My friends records show nothing but paying rent and having a very steady good income.
Did or didn't he provide money towards raising the child? The first sentence indicates yes, but the second indicates no.

Plus: all bills, car registration, tenants' insurance, car insurance ... Everything went to a different address? That's more than just his tax return. Was this other address his friend's place...parents'...old apartment..
Member
User avatar
Dec 28, 2010
433 posts
145 upvotes
If they both had the same address on their tax returns in the previous years the CRA will pick up on this. What about birth certificates?

They will both be responsible for the lie on five years of tax returns. Wouldn't that give him some leverage for negotiation?
Actions speak louder than words
[OP]
Newbie
Nov 7, 2018
4 posts
They both had different address on thier tax return, and he believes the ex didn’t even write his name down on the kids birth certificate. Like he never exist. How can his ex even come to a point of asking for child support if he was never thier to begin with ? He understand that he falsely reported his parents address down instead of his actually place of resistance, but that’s what he was told to do and he was just love stuck I guess . He went to work paid the rent , took care of his kids and that was it. He pulled his 7 year bank financial records up and all it shows on thier is rent pulled out in cash, and many trips to the food shopping stores. No government money , no ei,no transfers between each other . Her money was her money, his money was his . He never new how much income she was getting since she never spoke to him about scamming these places . Now that he has to summit his financial records and summary’s to family court won’t they look at her income also to see if she made more money then him . Witch it seems to me she made a lot more then he did .

So even if she obtained all this money and used it for paying daycare and shopping , he will be on the hook for 50/50 into paying back what she has been ripping off for all these years, or would it be like a 60/40 90/10 . Either way he obtained a lawyer since he wants 50/50 joint custody with the kids and he wanted some advice on how to approach this with him not being accountable for half the money fraud she obtained. After 5 years of him not existing she brings him alive for child support money ?

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