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  • Ex- other govt payments

    I'll will try to sum this up the best
    My friend is going to court because he ex is wanting more
    support. Unfortuntately his income is lower than the court order.
    Here is the situation. In seeing her income tax from the last couple
    of years she is claiming a deduction of over 10 200.00 for the child. This
    is a disability transfer line 318 of income tax
    (he is slight autistic) and also gets a govt cheque for approx 200.00
    a month for him as well(child disability)
    Do courts look at this at all .. The fact that she is getting govt assitance
    for the child .
    Just wondering in helping my friend prepare for court.

  • #2
    I believe what the courts look at in determing the amount of child support is the amount on line 150 of the payors income tax return.

    If a payors income fluctuates from year to year, they sometimes average the amounts of line 150 from the last 3 years income tax returns and assessments to come up with an amount to use in the child support tables.

    I don't think they would consider the $ 200 disability amount that the custodial parent receives for the child because they don't consider the child tax benefit that she receives also for the child

    As far as transferring a income tax deduction , I believe this is also allowed as long as it meets the criteria as set forth by the income tax act.

    There is another deduction that single parents who have custody of a child often forget to claim is equivalent to spouse amount on their income tax.

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    • #3
      ont2005, are you talking about child support or spousal support?

      Also, just to qualify what logicalvelocity said slightly: if the "child" was over the age of 18, the court might take into account the $200 per month.
      Ottawa Divorce

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