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Tax deductions for children – the “equivalent to spouse” deduction

Following a divorce, a single parent who lives with and supports his or her child may claim what is known as an “amount for an eligible dependant”, or AED, sometimes referred to as the single parent exemption. The rules respecting eligibility for the credit can be confusing and sometimes even arbitrary; it is important to …

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Deductibility of Legal Fees

Generally, after October 10, 2002, legal fees paid to obtain spousal support or an increase in spousal support amounts, to make child support nontaxable, or to collect late support payments may be deducted by the person who paid the fees. Similarly, legal fees paid to enforce child support orders are deductible. Finally, where a person …

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RRSP and pension assets

Most taxpayers are aware that where monies are taken out of a registered retirement savings plan (RRSP) or a registered retirement income fund (RRIF), tax must be paid on those withdrawals. However, our tax system provides for an exception to this rule in the case of a marriage breakdown. Where former spouses are no longer …

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Division of property on marriage breakdown

Our tax system generally imposes tax consequences where property is transferred between persons related to one another (referred to in tax terminology as non-arm’s length parties) for any amount other than the fair market value of that property. However, different rules apply where property transfers take place as a result of marriage breakdown. Generally, there …

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Taxation of third-party payments

The general rule is that for an amount to qualify as a support amount it must be paid directly to the recipient, and the recipient must have control over how the funds are spent. However, following a separation, it often happens that the person who was, during the marriage, responsible for the payment of certain …

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When are support payments deductible?

Where marriage breakdown occurs, including the breakdown of a common-law relationship or a common-law partnership, a payment constitutes a support amount and is deductible if all the following criteria are met: the amount must be paid under an order of a competent tribunal or under a written agreement; however, please note that a court order …

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Divorce and Money Matters Can be Taxing

The process of separation and divorce forces one to make what seems like an endless stream of decisions, many of which are fueled by emotions. At such a time, the need to make prudent tax and financial decisions often takes second place, leading many down a path where the financial impact of a separation and …

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Can Skype/FaceTime Still be Quality Time with the Kids?

When divorce physically separates a family, it can be tough to make one-on-one connections. Most families settle on visitation schedules, pickups and drop-offs, and other get-together times with the help of their lawyers before their divorces are final… but even the best-laid plans don’t always work out. When Visits are Impossible Some families turn to …

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Child Support for A Child Away at University

How does child support apply with older children out of the house? Many support payors are under the impression that child support ceases when that child leaves home to attend a post-secondary institution. Our courts, however, have taken a different approach. Child support is reduced but not eliminated. In these cases, the issue is whether …

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Forgiveness: do your soul a favour

Forgiveness means letting go The world lost a great man December 5, 2013 when Nelson Mandela passed. Although a somewhat controversial figure in his youth, his leadership of South Africa and his work in eliminating apartheid were inspired and inspiring. Watching the many celebrations of his life -and I imagine there are many more to …

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Barrie

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100 King Street West • Suite #5600 • Toronto • Ontario • M5X 1C9

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Mississauga

4257 Sherwoodtowne Blvd Suite #300 • Mississauga Ontario • L4Z 1Y5

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10 Milner Business Court • 3rd Floor • Scarborough • Ontario • M1B 3M6

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Grimsby **

33 Main Street West, • Grimsby • Ontario • L3M 1R3

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Whitby **

105 Consumers Drive - Unit 2 • Whitby • Ontario • L1N 1C4

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Cambridge **

73 Water Street North • Cambridge, Ontario N1R 7L6

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236 Pritchard Road • Hamilton, Ontario L8W 3P7

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