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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11 (permalink)  
Old 12-06-2016, 12:42 PM
Join Date: Jun 2016
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freckles1234 is on a distinguished road

This is a little late however in case someone comes to this thread looking for an answer in the future:

You can ONLY claim an eligible dependant when you are single. The wife cannot claim the child as an eligible dependent as she is not single.... HOWEVER there are children credits and amounts you can get for claiming a child. It is slightly different however there is still benefit.

Also, might I add that the ex cannot claim both kids as eligible dependants either. You can only claim 1 child as the eligible dependant even if you are single with full custody of 6 kids.

The fact that the court order states only for the purpose of an eligible dependant sounds odd to me as that is not the only benefit you get for claiming a child on your tax return.
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  #12 (permalink)  
Old 12-11-2016, 02:40 PM
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Join Date: Mar 2013
Location: Ontario
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rollingesto is on a distinguished road

OK, although this is old I will add my 2 cents...

I think OP's friend was a bit confused to start, relative incomes have no bearing on who claims dependant credits and in many cases it is better to have higher income spouse claim. It is child care expenses that must be claimed by lower income spouse, that may be what accountant had been referring to.

Generally each parent can claim eligible dependant credit every year if more than 1 child and 50/50, suspect the alternating provision could have to do with relative ages of children (until they both turn 18). They just can't claim the same kid in any year. Also there is a limit of one such credit claim per household, so there is no possibility that the ex could claim both, furthermore the dependant child credit (that was per child) no longer exists.

If friend just got remarried then this was his last year for eligible dependant credit, it requires that taxpayer was single at some point in the year, and he may have been....

What the friend needs to do is make sure he has applied for Child Tax Credit, most fathers aren't in that part of the CRA system as it defaults to mom upon birth of a child. If shared custody then he is entitled, but it is not automatic, and often the mothers neglect to inform CRA of shared custody, such that the benefits are overpaid
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