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Equivalent to Spouse Tax Credit

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  • Equivalent to Spouse Tax Credit

    My ex sent me a draft of the Divorce Judgment and Corollary Relief Order where he wants to be entitled to claim our youngest child, 9 yrs, as a dependant for the Equivalent to Spouse Tax Credit for the year 2006 and every year thereafter.
    We have shared parenting, 50/50. I always were a low income spouse and receive the Child Benefit. After 3 years of being a home-stay mother, I've been working for 5 months now. My annual gross is going to be 34, 000, his - 56, 000. My living expenses are much greater than his, because I rent but he lives in a spousal house free of morgage. I receive child support payments that will be reduced because of my increased income.
    The question is
    should I give in and agree to my ex's claim? My older child is 18. He might go and live on his own this or next year, so I won't be able to claim him as a dependant.
    If I agree to his claim, will I not loose not only the ability to have a tax credit, but also, possibly, the ability to receive Child Tax Benefit to my ex?
    If I don't agree to his claim, will he be able to get a court order against me anyway and it will just makes my agony longer?

  • #2
    malvina,

    Since the individual pays child support, They are not entitled to make the claim for "eligible dependant amount" aka "equivalent to spouse amount."

    However, you may make the claim for such to reduce your payable income tax.

    If both parents make the claim then the CCRA will disallow such to both in the interim until you provide documentation providing that the individuals is disqualified to make the claim by paying child support.

    See the CCRA website on this deduction:

    http://www.cra-arc.gc.ca/E/pub/tg/50...l#P1111_145996

    and this recent post

    http://www.ottawadivorce.com/forum/s...2008#post12008

    lv

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