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

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Old 01-26-2014, 01:43 PM
4Monsters 4Monsters is offline
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Default Confused about taxes

I came across this forum while searching for info on filing taxes and shared custody. I've read a lot of posts and scoured many links and I'm confused on a few things. Hoping someone here can help!

My ex and I split up a few days into January last year so this will be our first tax year post-separation. We share custody 50/50. Our incomes are equal so there is no child support paid by either of us. We have 3 children. From what I understand, we can each claim 1 child as an eligible dependent. What I'm confused on however is what to claim on line 367. I've read conflicting information. Some things I've found say one person has to claim all the kids, other things I've found says if you are claiming an eligible dependent on line 305 then you must also claim the kid on line 367. What we intended to do was each claim one kid as an eligible dependent on line 305, and on line 367 I would claim 2 of our kids and he would claim 1. Are we allowed to do this?

We share expenses like daycare, extra-curriculars, etc... If we are allowed to split the children (I claim 2, he claims 1), are we still able to claim what we paid for childcare for the children we aren't claiming on line 367? To clarify, I claim child #1 and #2. He claims child #3. We both contributed to child care for #2 and #3 as well as sports. If I'm claiming child #1 & #2, can I still claim the amount i paid for child care for child #3, and he claim what he paid for #1 & #2?)
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Old 01-26-2014, 01:59 PM
Mess Mess is offline
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Canada Revenue Agency Line 367 - Amount for children born in 1996 or later

Shared custody of a child
If you have shared custody of the child throughout the year, the parent who claims the amount for an eligible dependant (read line 305) for that child, can make the claim.
If you have shared custody of the child throughout the year but cannot agree who will claim the amount, neither one of you can make this claim.
If you and another person were required to make support payments for the child in 2013 and, as a result, no one would be entitled to claim either this amount or the amount for an eligible dependant for the child, you can still claim this amount as long as you and the other person(s) paying support agree you will be the one making the claim. If you cannot agree who will claim this amount for the child, neither of you can make the claim.
The above doesn't really answer your question about what to do about the child who is not claimed. For example, if you are in a new marriage or common-law relationship, you may not make the eligible dependant deduction anyway. So you still may deduct the amount for child line 367, as long as there is agreement about which parent is making the claim.

Regarding childcare, you may claim the amount YOU paid for childcare in order for you to work or attend school. It may be clearer to understand that this is your deduction in order to work or attend school; it is not the child's deduction.
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