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poohbb77 · Sep 11, 2008, 12:47 PM

I live in Ontario. We never live together but we have a child. The relationship ended before the child was born. He sometimes visit the child. I take care of the child on my own. Do we considered as common-law relationship? Now Revenue Agency needs info on my marital status.

Robin3184 · Sep 11, 2008, 01:07 PM

Not sure about Ontario, but in Florida, if you don't live together, you would be considered single.

Gem_22205 · Sep 11, 2008, 01:11 PM

Common Law Marriage in Canada

You are considered a common law partner if you have been living with your sponsor in a conjugal relationship for at least one year. This must be for a continuous period of 12 months, not intermittent periods that total 12 months. You will however be allowed brief and temporary absences owing to business or family reasons.

Documents will have to prove that you and your common law partner have combined your assets and liabilities and that you live together in a physical dwelling. Other evidence required are joint bank statements, joint ownership of a home (or joint leases), joint utilities and joint management of household expenses, among other things.

If the above has not been met then I would classify yourself as "single".

poohbb77 · Sep 11, 2008, 01:21 PM

We never live together but the problem is we have a child who was born last year. I filed tax return last year and I put my marital status as Single. Now I received a letter from Revenue asking for my support info when did my status change? If a separation occur provide support, etc. so it seems that they consider me as common-law

stinawords · Sep 11, 2008, 01:28 PM

You don't qualify as common law because you have never lived together you would file as single. I'm not sure about canada's support I know in the US support is not taxable but if it is in Canada that is why they want the support information.

cdad · Sep 11, 2008, 02:26 PM

Originally Posted by stinawords

You don't qualify as common law because you have never lived together you would file as single. I'm not sure about canada's support I know in the US support is not taxable but if it is in Canada that is why they want the support information.

That's half correct. Support comes in 3 ways in the U.S. Child Support ( non taxable ) to the payee. Spousal Support ( taxable income to payee -- deductable by payor ) and Family Support ( treated same as Spousal support ), Family support is inclusive that it includes both child support and spousal support.

Gem_22205 · Sep 11, 2008, 02:28 PM

Ontario
In Ontario, the Ontario Family Law Act specifically recognizes common-law spouses in sec. 29, dealing with spousal support issues; the requirements are living together for no less than three years[3] or having a child in common and having "cohabitated in a relationship of some permanence". The three years must be continuous; however a breakup of a few days during the period will not affect a person's status as common law. However, the part that deals with marital property excludes common-law spouses, as sec. 2. defines spouses as those who are married together or who entered into a void or voidable marriage in good faith. Thus common-law partners do not always evenly divide property in a breakup, and the courts have to look to concepts such as the constructive or resulting trust to divide property in an equitable manner between partners. Another difference that distinguishes common-law spouses from married partners is that a common-law partner can be compelled to testify against his or her partner in a court of law.

According to Canadian Law, there was no common law marriage. The request sent to you should have a contact number for which possibly someone could better explain to you exactly what is needed.

Possibly more concerning child support issues.

stinawords · Sep 11, 2008, 02:50 PM

Originally Posted by califdadof3

Thats half correct. Support comes in 3 ways in the U.S. Child Support ( non taxable ) to the payee. Spousal Support ( taxable income to payee -- deductable by payor ) and Family Support ( treated same as Spousal support ), Family support is inclusive that it includes both child support and spousal support.

True but I was only referencing child support because they were never married so there wouldn't be any spousal support. I've had to straighten out some taxes before they were filed because people didn't know how to separate their alimoney from child support payments for deduction purposes.

cdad · Sep 11, 2008, 03:00 PM

Originally Posted by stinawords

True but I was only referencing child support because they were never married so there wouldn't be any spousal support. I've had to straighten out some taxes before they were filed because people didn't know how to separate their alimoney from child support payments for deduction purposes.

Im not arguing about it. I just was trying to separate the 3. From what I was reading into the OP's question it was the revenue service that was asking about support. Of which nature I was unsure - spousal ( for common law ) and or child support. Im not really up on canadian laws and taxes.