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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 04-30-2018, 11:53 AM
lynx002ca lynx002ca is offline
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Default Child support payer cannot claim dependent

Has this changed at all for 2017 Tax Year, thanks for any help

2.Iím paying child support. Can I still claim my child as a dependant?

If youíre paying child support, you canít claim your children as dependants on your return, except in the year of separation, assuming you would have otherwise qualified. You also canít claim a deduction for your child support payments, unless the court order or agreement is dated prior to May 1997. Even though it might not be deductible on your taxes, you still need to indicate the child support amounts you paid.
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Old 04-30-2018, 12:18 PM
rockscan rockscan is offline
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If you pay cs and you have nothing in your agreement on sharing the claim then no you cant claim it.

For those that pay cs and claim it the reason is most often because the parties have joint physical custody and one parent claims the child in even years and the other parent in odd years.

So if you pay cs only and have less than half shared physical custody the answer is most likely no you cant claim the child.
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Old 04-30-2018, 12:23 PM
lynx002ca lynx002ca is offline
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I have 50/50 split of two kids and only was able to claim one child one time in the first year. This law is so terrible IMO, make me pay cs all year and then make me pay again at tax time while she gets to claim both kids.
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Old 04-30-2018, 12:53 PM
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Yes, you can claim if you are paying offset support.

Your agreement needs to specify the dollar amount you each pay, and the payments must actually be made.
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Old 04-30-2018, 01:30 PM
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I heard there was a horrifying change. It used to be that you could say


"Mom pays $900, Dad pays $1100, so for convenience Dad will pay $200"


But now Mom has to actually pay the $900, and Dad has to actually pay the $1100, which is insanity... especially if one side decides to default on payments.
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Old 04-30-2018, 09:25 PM
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Yes, pretty much that ^^.

I had posted a link to the info a while back but couldn't even begin to imagine where.
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Old 05-01-2018, 10:00 AM
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Idea: Would this work?


Take the situation where one parent owes $900 and the other owes $1100. If they both actually pay each other the full amount at the same time, then there is no problem. In the real world, there might be a time lag when one parent has paid and the other has not. This could have serious consequences, on either end. Many people don't have that kind of float available in their bank accounts.


My idea is that the CS agreements (of the future) be structured as follows.


Parent A will pay offset plus $1
Parent B will pay $1


Parent B doesn't even have to pay the amount, it won't matter. But perhaps it might satisfy CRA?
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Old 05-01-2018, 10:07 AM
clusterone clusterone is offline
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Here's a link to the page that summarizes the issue from the author of the original paper. It also provides a link to the original article.

It's very helpful:

https://www.corkumfinancial.ca/share...unt-july-2017/
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Old 05-01-2018, 10:16 AM
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You have to make sure your wording is such that it states both parents pay each other. Any mention of "guidelines" or anything like that and they will deny you. And that is only if the other parent agrees.

Keep in mind if you pay less afterwards due to income changes they will withhold your tax return (they will claim you didn't pay enough cs), so they get you either way...
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Old 05-02-2018, 07:40 PM
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Quote:
But now Mom has to actually pay the $900, and Dad has to actually pay the $1100, which is insanity... especially if one side decides to default on payments.
Many people hold the view that the tax court got it wrong in that case; the law is developing. CRA still tells people over the phone that the "for convenience only" wording is acceptable, and meets the requirement under s.118 of the ITA.
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