I feel abused, husband feels I was stealing. - Page 2 - Talk About Marriage
Financial Problems in Marriage When financial times are tough, it adds to the stress we deal with on a daily basis. This section is for talking about how financial problems affect our relationships and ways to cope.

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post #16 of 28 (permalink) Old 01-12-2016, 12:56 PM Thread Starter
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Re: I feel abused, husband feels I was stealing.

Anyways I see nobody thinks I was stealing from the family by saving while husband was running into debts.

That was important point as I am really doubting if I was right.

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post #17 of 28 (permalink) Old 01-12-2016, 12:57 PM
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Re: I feel abused, husband feels I was stealing.

If he legitimately committed fraud or illegal activity with the marital assets, you may be able to sue him civilly for damages, and for spending money that wasn't his to spend.

I kinda doubt it. But talk to a lawyer.
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post #18 of 28 (permalink) Old 01-12-2016, 01:54 PM
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Re: I feel abused, husband feels I was stealing.

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Originally Posted by marduk View Post
Maybe it varies province by province, but in mine, all debt accrued by either partner while married (previous to a separation agreement of course) is shared by both parties.

The only caveat in this case I can think of is if there is a company involved.

Brother in law just divorced and I helped him a bit with the financial end of it.

His wife actually racked up about $100k in debt after he left the home but before they signed a SA. He was on the hook for half of it.


100% agree. Talk to a lawyer, I'm not one and could be talking out of my ass!
In Ontario it must be different...however, CRA is federal and nationwide. I don't owe any taxes, husband's employer down south screwed him over (long story for another day, some book keeping fraud on employer part) and he owes 5k still. Can't touch me, not my name on it, can't touch bank accounts, my name on them with his, hst - always get it, trillium same thing and we file taxes as married...

Must be some laws that we aren't aware of. A financial lawyer would be a great consult for her. She needs to get one to collaborate with her current lawyer for sure.

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post #19 of 28 (permalink) Old 01-13-2016, 06:09 PM
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Re: I feel abused, husband feels I was stealing.

This is just something you'll have to let your lawyer work out. And I don't see that you did anything wrong. If anything, you bent over backwards to make things right, and he just continued to use your naivety. Carry on.
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post #20 of 28 (permalink) Old 01-15-2016, 09:28 AM
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Re: I feel abused, husband feels I was stealing.

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This is just something you'll have to let your lawyer work out.
Exactly. My questions for BB is 1. how they filed tax returns and she didn't know what he was making and 2, is she a citizen of Canada.
In the U.S. my defenses for her would be:

1. She is innocent and should not be held liable for his additional taxes he owes because her spouse, without her knowledge or sanction, surreptitiously and willfully understated or failed to report his income, reported income improperly or claimed improper deductions.

2. Equitable relief for all income not reported properly on a joint return and clearly attributable to her spouse.

3. Any additional taxes be allocated between her and her spouse, based on income, when income was not reported properly on a joint return.
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post #21 of 28 (permalink) Old 01-15-2016, 11:48 AM Thread Starter
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Re: I feel abused, husband feels I was stealing.

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Exactly. My questions for BB is 1. how they filed tax returns and she didn't know what he was making and 2, is she a citizen of Canada.
In the U.S. my defenses for her would be
.
good question. I reported his income in my tax return based on his hearsay. Because he failed to report his taxes, CRA took back my child benefits that they paid based on my tax report. I only started receiving child benefits after separations (finally).

yes, I am Canadian Citizen.

CRA has no claims to me, they assessed his debts against him personally. But family court....I don't know. After he won the custody providing false allegations, I expect unfair judgement on everything else.
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post #22 of 28 (permalink) Old 01-15-2016, 12:56 PM
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Re: I feel abused, husband feels I was stealing.

I'm considered an expert on U.S. federal income tax and previously practiced before U.S tax court but I'm ignorant of the Canadian tax system. I know a married couple has to report earnings by the spouse on their personal return for information purposes but did you pay your tax based on jointly combined income or does each spouse pay their tax based only on what they earn (like married filing separate in the U.S.) ?

If the CRA is going solely after him for back taxes attributable to him, it would seem unlikely the "family" court would set aside the CRA's ruling and pass part of his tax liability on to you, unless it was clear you enjoyed the benefits from the unreported income. Your separate accounting would seem to belie you enjoyed such benefits.

Last edited by ThePheonix; 01-15-2016 at 06:37 PM.
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post #23 of 28 (permalink) Old 01-15-2016, 04:38 PM
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Re: I feel abused, husband feels I was stealing.

Family court cannot supersede federal law. CRA is federal law, they have made their judgement on him as being solely his debt.

Get your lawyer to file to disclosure on the CRA findings and present to family court.

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post #24 of 28 (permalink) Old 01-15-2016, 06:06 PM
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Re: I feel abused, husband feels I was stealing.

Thieves think everyone else also steals just like perverts think everyone else is also a pervert. Get a lawyer, protect your child, your savings, your reputation, and your clean criminal record. He's a dishonorable, disreputable, lying, sack of felonious waste. It is his choice to be a criminal and you are not obligated to be one or to help him be one.
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post #25 of 28 (permalink) Old 01-15-2016, 06:36 PM
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Re: I feel abused, husband feels I was stealing.

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Family court cannot supersede federal law. CRA is federal law, they have made their judgement on him as being solely his debt.
It wouldn't seem a family court would have jurisdiction to hear matters involving federal questions. I'm curious if Canadian tax law even permits a spouse to be held jointly liable for taxes solely attributable to their spouses earnings. My guess is she's going to have more trouble getting rid of this parasite she married than getting rid of her potential tax liability.

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post #26 of 28 (permalink) Old 01-15-2016, 06:41 PM
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Re: I feel abused, husband feels I was stealing.

Canadian tax law dictates that a married couple, even if they file married are separate entities unto themselves to the federal government and any agent of the government, in this case Canadian Revenue Agency (our version of IRS for lack of better words).

While they do have the power to seize your assets, they rarely do. Also, it is not illegal to owe our government taxes only illegal not to properly file yearly taxes (unless they owe us income tax back)

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post #27 of 28 (permalink) Old 01-18-2016, 03:30 PM Thread Starter
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Re: I feel abused, husband feels I was stealing.

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Originally Posted by ThePheonix View Post
I'm considered an expert on U.S. federal income tax and previously practiced before U.S tax court but I'm ignorant of the Canadian tax system. I know a married couple has to report earnings by the spouse on their personal return for information purposes but did you pay your tax based on jointly combined income or does each spouse pay their tax based only on what they earn (like married filing separate in the U.S.) ?
I just buy a tax reporting software every year, complete all required fields and send to CRA. Not sure how taxes are calculated exactly.
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post #28 of 28 (permalink) Old 01-18-2016, 03:32 PM Thread Starter
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Re: I feel abused, husband feels I was stealing.

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Family court cannot supersede federal law. CRA is federal law, they have made their judgement on him as being solely his debt.

Get your lawyer to file to disclosure on the CRA findings and present to family court.
thank you
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