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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 03-11-2013, 03:08 PM
mnadarasah mnadarasah is offline
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Default Can I claim the spousal support TAX2012?

I start to pay the spousal Support since Mar 2012 for $250.00/month

I asked my tax Manager to claim that and he said I can't do that?

Paying kids $850/month as well. I believed this is not claimable.

Please advise.
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Old 03-11-2013, 03:14 PM
dad2bandm dad2bandm is offline
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Why did your "tax manager" say you can't claim the spousal support?

You are right, in that you can't claim or deduct child support, but you should be able to claim the spousal support. Is it listed or described as spousal support in your court order?

Here is CRA's info on this:
Line 230 and 220 - Support payments made

Check with CRA...and perhaps find a new "tax manager" unless you forgot to mention something here.
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Old 03-11-2013, 03:16 PM
dad2bandm dad2bandm is offline
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Perhaps he is referring to this part, of the link I provided:

...
Year of change in marital status

If you had to make payments for a child and you were separated from your spouse or common-law partner for only part of that year because of a breakdown in your relationship, you have a choice. You may claim either any deductible child or spousal support amounts paid for that year or, if you qualify, the allowable non-refundable tax credit, whichever is more beneficial to you.
If you reconciled before the end of that year and you choose to claim the spouse or common-law partner amount, you may also qualify to claim the non-refundable tax credit amounts transferred from your spouse or common-law partner....


That would make sense, if this is what you did.
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Old 03-11-2013, 04:18 PM
bluemoon bluemoon is offline
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For sure you can claim SS.
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Old 03-11-2013, 04:20 PM
dad2bandm dad2bandm is offline
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Unless he falls into the category I quoted above...
"the allowable non-refundable tax credit, whichever is more beneficial to you.". Perhaps he made use of those, in 2012, instead?
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Old 03-11-2013, 08:24 PM
SadAndTired SadAndTired is offline
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Do you have a legal separation agreement or a court order?

Without either of those, you are not able to claim spousal support. It is not tax deductible if paid voluntarily.
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Old 03-12-2013, 08:29 AM
FightingForFamily FightingForFamily is offline
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You can claim SS or the spousal amount, whichever is better for you. I believe the first year we separated it was the spousal amount since we split late in the year.
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