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  • Claiming your kids!

    Ok my wife and I have been seperated for about 8 months. I get the kids two weekends a month and pretty much anytime in between. We handle it pretty good. I still pay half the mortage on the home and child support. We have three kids together. She doe's not work and I guess gets help from her mom to maintain the $150,000 home we own together. We have not filed for divorce yet. Anyways it's time for income taxes and I was wondering who gets to claim them. If she doesn't work and the kids live with her and not her mom there shouldn't be anyway for her to claim them with out a W2 right?

  • #2
    Mcivey,

    It appears that the children primarily reside with your ex spouse and you are exercising an alternate access regime.

    Your ex would claim the children and receive the respective child tax benefit for the children.

    You have basically given her acquired defacto custody of the children as she is responsible for the day to day care of the children.

    Your ex may be also able to claim an equivalent to spouse amount for one of the children also. This might not be any benefit to her if she does not have an income. Equivalent to spouse amount is a NON refundable tax credit.

    Paid Child support does not qualify as a tax deduction after May 1997.

    Spousal Support is a tax deduction if it is court ordered and or part of a separation agreement and only if it is periodic payment not lump sum.

    If I was you, I would make attempts to get your issues settled in some sort of separation agreement. Making unnecessary mortgage payments can be costly. The value of this property is shared. You might be better of making periodic spousal support payments rather than mortgage payments and get the tax deduction.

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    • #3
      Logical Velocity

      If my spouse has changed the locks and occupied our home(fully paid for by me prior to marriage,joint tenancy) for her sole use and benefit over the last couple years. A I entitled to occupancy rent of any kind from her and her retired mother. Our 2 kids spend more time and care in my basement suite than in the matrimonial home. When they are with their mom,they are in the home part of the week and with Moms ne boyfreind inother city every second weekend.Gramma actually has more use of our home than any of us because my ex is calling her a nanny in order to keep my parenting time from increasing.
      I was the stay at home parent up to separation and it seems weird that I am displaced and now pay voluntary child support as well as provide them with the home and now I have new digs suitable for our kids that had to be outfitted and rent paid on.

      Any THOUGHTS here ????

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      • #4
        Even if?

        How is she able to claim anything if she doesn't have a W2 or any sorce of income other than child support. So when I go in to fill my taxes, I can't claim my kids?

        Comment


        • #5
          To be able to claim the children they have to live with you more than 50% of the time. Anything less and CCRS will not allow the claim.

          I bet your ex spouse will be claiming the children to receive the child tax benefit for the children. If she does not claim the children she will not receive the CTB and GST credits for them. On average it is about 220 per child monthly for CTB.

          The child support is not considered income to her and she will not have to report it on her respective tax return.

          Child Support is no longer considered an income to the recipient and hence does not have to be claimed for any support orders since May 1997. Prior child support orders still in effect before that date May 1997 still have the respective deduction.

          Regardless if you have an income or not, it is law that you still have to complete an income tax return to receive such things as the child tax benefit for the children and also GST quarterly rebates.

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