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Spouse owes back child support, why do i lose my gst and tax refund?

  • hi, i've been married for 14 years now , my husband owes for back child support and i wondered if the gov. can keep on taking my gst payments too. when we do our taxes they take our entire refund and neither he or i get gst checks. he has 2 kids from previous common-law. (we are legally married)his oldest is now 23 and youngest 17, we do have 3 children of our own (14,11&5), i'm a stay at home mom ,( he works) and we just barely get by. and i find it's not fair that i have to lose out on my gst checks ( i could be spending on my own children ) when the other children aren't even mine. is there any way for me to at least get my gst's to myself? we file our taxes together as married . as i have no income other than child tax credit, there's only his income to declare ( we live in canada ). thanx for your time :)

  • Answer:

    Hi Queenbeecanada, I can easily answer your question on this matter having spent many years in family court myself pursuing back child support. Regardless of your marital situation now, your husband clearly failed to pay his past obligations of child support, and according to CRA, here is the bottom line: Line 484 - Refund If your total payable (line 435) is less than your total credits (line 482), enter the difference on line 484. This amount is your refund. Generally, if the difference is $2 or less for 2006, you will not receive a refund. Note One person's refund cannot be transferred to pay another person's balance owing. Although you may be entitled to a refund for 2006, we may keep some or all of it to: - apply against any amount you owe us or are about to owe us; - satisfy a garnishment order under the Family Orders and Agreements Enforcement Assistance Act; or - apply against certain other outstanding federal, provincial, or territorial government debts, such as student loans, Employment Insurance and social assistance benefit overpayments, Immigration loans, and training allowance overpayments. The Family Orders and Agreements Enforcement Assistance Act also seizes GST payments. Child Tax Benefit CANNOT be withheld from you, regardless of what amount your husband may owe on his back child support. The CRA website link is: http://www.cra-arc.gc.ca/tax/individuals/topics/income-tax/return/completing/deductions/lines409-485/484-e.html If you want to obtain further information about child support, etc, the Department of Justice website link is: http://canada.justice.gc.ca/en/ps/sup/index.html I hope this information helps you.

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simply, because you are married your money is his money and since he owes back child support the government will use what they have easier access to which is gst and child credit (baby bonus). Also have you ever checked into why they are taking it? Call revenue canada and ask! It could be because you owed money at income tax time years ago or for another reason altogether and are now taking the money they are owed. Sometimes child tax benefits pay you too much money, so they take some back. Regardless, there are too many deadbeat dads out there not paying what they should be. No offense, but your husband owes that money to his kids. Bottomline, the only way you will get your answers is by calling revenue canada and the child tax credit office since they know the reasons. Hell it could even be a mistake, don't know if you don't call. Good luck!

moonsparkle7

The GST is calculated for your family. Together. If it would go to him based on the rules, then it can be offset. You aren't both entitled to separate GST credits.

CanadianBlondie

The government can because your husband is legally responsible to take care of ALL of his children, not just the ones he lives with. When you married him you bought the whole package. Sounds like he is a busy boy. If he owes back child support it is because he is a dead beat dad, not good. If he made them, it doesn't matter if he was married to the Mom or not, and think about her, she is raising the kids and all he had to do was pay a few dollars every month, which by the sounds of it, he did not do. If you want your GST to yourself than the only think you can do is leave your husband, and you will get the GST, other than that, you are tied and bonded, not just to the man, but the history also. Package deal.

newfie272

they cannot take YOUR refund for your husbands back child support. They can take your GST and child tax because they calculate that by family income and it is sent to only one of you. If your tax return was taken by Canada Revenue Agency, then you must either take a look at your notice of assesment(the paper that explains your return that they sent you) or call CRA and ask. There must have been a prior claim on your refund or you were owing. CRA 1800-959-8281 press * to talk to an agent.

I know that my ex also lost his tax return along with his wives. Until the back child support is paid up, the refund will continue to go to his ex. If you are both in financial need you should look into hiring a lawyer on your behalf to petition the courts to lower the payments so you can get some of the money in your pocket to live on.

gymfreak

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