Hi All,
I know that the complexities of the eligible dependent tax credit have been debated here a few times, but I am still confused about my situation. Any advice would be sincerely appreciated.
Here is my situation:
Ideally, we'd like to split (mostly for me) the eligible dependent claim such that we each claim one of the children. However, reading the CRA web site, it seems like this is not possible because I'm the one stuck paying the child support.
Here are quotes from the 2011 CRA web site:
#1: You can claim the credit if ...
[link to CRA]
"you did not have a spouse or common-law partner or, if you did, you were not living with, supporting, or being supported by that person;"
#2: You cannot claim the credit if ...
[link to CRA]
"The claim is for a child for whom you were required to make support payments for 2011."
Any help/advice/condolences would be appreciated.
Concerned Dad
I know that the complexities of the eligible dependent tax credit have been debated here a few times, but I am still confused about my situation. Any advice would be sincerely appreciated.
Here is my situation:
- Ex has no income (except UCCB).
- I have an income and I pay both spousal and child support.
- Child support is agreed to be table amounts using the offset calculation (which results in me paying full table support and her paying nothing due to her lack of income).
- We have two children (aged 4 and 6).
- We have a "shared custody" agreement (i.e. I have the kids 40% of the time, she has them 60%, and we have joint custody).
Ideally, we'd like to split (mostly for me) the eligible dependent claim such that we each claim one of the children. However, reading the CRA web site, it seems like this is not possible because I'm the one stuck paying the child support.
Here are quotes from the 2011 CRA web site:
#1: You can claim the credit if ...
[link to CRA]
"you did not have a spouse or common-law partner or, if you did, you were not living with, supporting, or being supported by that person;"
- This confuses me so I'm thinking I don't understand what this means.
- If you are supporting your ex (via spousal support payments), you can never claim an eligible dependent? Huh?
- Or is it just saying you cannot claim your "spouse" as an eligible dependent if you are supporting him?
#2: You cannot claim the credit if ...
[link to CRA]
"The claim is for a child for whom you were required to make support payments for 2011."
- As I mentioned, I am required to make child support payments and my wife's child support contribution is 0 due to income.
- Does this mean, despite our shared custody arrangement, I cannot claim a child as an eligible dependent?
- Is it possible for me to claim the credit if we state that we have agreed on how to split the eligible dependents between us, we have shared access/custody, and we have a separation agreement outlining we will pay child support using table values plus offset calculation (despite the fact that, today, she is not paying child support yet).
- Or am I basically hosed on this?
Any help/advice/condolences would be appreciated.
Concerned Dad
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