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Qualify for Eligible Dependant when have primary custody with new common law partner?

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  • Qualify for Eligible Dependant when have primary custody with new common law partner?

    Hi all,

    I currently have primary custody of my 11 year old son and separated from my ex. However, I am now living common law and in another relationship and my son lives full time with me.

    My ex pays child support (well supposed to). However, I filed my taxes as common law with the new relationship and was denied the eligible dependant credit.

    The CRA does not know I have a custody order or does it matter since I am now common law with new partner and therefore my eligible depandant is void because of that? Or is it a matter of letting CRA know I am seperated from my ex in relation to the child?

    In other words, is the eligible dependant tax credit only for single parents?

    If you did not claim an amount on line 30300 of your return, you may be able to claim this amount for one dependant if, at any time in the year, you met all the following conditions:

    -You did not have a spouse or common-law partner or, if you did, you were not living with them, supporting them, or being supported by them
    -You supported the dependant in 2021
    -You lived with the dependant (in most cases in Canada) in a home you maintained. You cannot claim this amount for a person who was only visiting you
    Last edited by FirstTimer; 09-08-2022, 12:52 AM.

  • #2
    Yes its only for single parents.


    • #3
      Originally posted by rockscan View Post
      Yes its only for single parents.
      Thank you!


      • #4
        Only for single parents BUT in the tax year that your status changed you would still qualify one last time. That’s the “at any time in the year...” part.


        • #5


          If, at any time in the year, you supported your spouse or common-law partner and his or her net income (line 23600, line 236 prior to 2019) is less than a maximum of up to $13,808 for 2021 (see revision below) ($14,398 for 2022), you can claim all or a portion of the spousal amount of the maximum $13,808 ($14,398 for 2022). These amounts depend on the net income (line 23600) of the supporting taxpayer.

          If there is no spouse or common-law partner, an eligible dependant / equivalent to spouse tax credit (line 30400) may be claimed for a dependant relative.


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