What happens to my girlfriends benefits if we marry?

[Almagaff]

Hi folks,


First of all, i'm aware that this post might come across as us marrying just for PR, but it's not so excuse how I phrase things. we have disscussed but not in length, us getting married so I can come back to Canada if my CEC app does not go through. it gets complicated because she has a child and if we have to do combined earnings in our taxes, she might lose some of her benefits. Do we have to file our taxes together? What happens with benefits? I've been told that her child would become my child in the eyes of the law so if we split up, technically she could ask for child support.

Thanks..

 

[canadianwoman]

If you live with her for one year, you are then considered common law for the purposes of the Income Tax Act, and would have to start filing as common-law. She might then lose some of her benefits. But if you live together and file as single, if the government finds out, she could be charged with fraud.
And yes, once you are common law (depends on the province, but for most it is two years after starting to live together) she could ask for child support and spousal support from you if you broke up. No spousal support if you are common-law in Quebec though.

 

[Rob_TO]

Do we have to file our taxes together? What happens with benefits?

As soon as you get married, you must change tax status with CRA from single to married. Effective as of the married date, CRA will use the family income (so both your combined incomes) to calculate what benefits your wife would be eligible for. If you continued to file taxes as single even though you were married, that is tax fraud.

So if she qualified for some benefits using her single income, but doesn't qualify when your income is added, then she would stop getting those benefits (or they would be reduced) as of your marriage date. Sometimes CRA continues to pay out benefits for many months after changing status since it takes them time to update your records. If this happens then once they confirm the new amounts, they will demand you pay any excess money you got back to them, back to the marriage date.

 

[Almagaff]

Thanks for your help, folks...