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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11  
Old 04-29-2011, 01:59 PM
lynx002ca lynx002ca is offline
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Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.
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Old 04-29-2011, 03:02 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by lynx002ca View Post
Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.
Wait a minute but doesn't that meant that she can not claim it too? I mean in 50/50 and offset amount she pay you to. Right?

Yea law just really @$@#@%@% ... that why they introduce that change when payer can not clam child support money as deduction and receiver as income... Generate million of monies ... add to that whet in most case that receive also receive all tax credits and in my case with income 0 what totally toes not make any sense

I am telling you - kid the only one what keep me from leaving that country what I really feel like betrayed me and did not deliver promises given under Welcome to Canada passage...
  #13  
Old 04-29-2011, 03:59 PM
lynx002ca lynx002ca is offline
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No, she can claim both kids, I confirmed that. I actually don't mind that so much because it will help her situation, we are on good terms. However, we *should* be able to take one kid each if it helps me from getting screwed, but someone came up with this "fantastic" law to prevent it...
  #14  
Old 04-29-2011, 06:40 PM
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You can't claim either amount.
Oops I didn't read the 50/50 bit. You can claim one child for eligible dependant and either of you can claim one or both for children under 17, as long as each child is only claimed once. If you can't agree, you will both be denied until you come to your mutual senses.

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Originally Posted by lynx002ca View Post
Just to followup, I called CRA and they said there is absolutely NO circumstance in which you can claim any child in a 50/50 split situation if you pay even $1 of child or spousal support.

So, you get to pay your ex (in my case anway) thousands of dollars throughout the year and then get screwed at tax time as well. Your ex can claim both kids.

I'm already broke because of all the monthly payments, and it is my humble opinion that this law is an utter disgrace.
Don't take the word of the general enquiries agents. They are often wrong.
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Old 04-30-2011, 07:17 AM
lynx002ca lynx002ca is offline
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I've had 2 different people at CRA tell me I can't now. Can you point me to where it says I can? I believe my ex will let me do it if it's legal enough.
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Old 04-30-2011, 09:25 AM
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Canada Revenue Agency: What are the situations in which you cannot claim the amount for an eligible dependant?

It's not really an "unenforced grey area", it is a poorly worded exception to the general rule made due to a court case won against the CRA a few years ago.

lynx, the set-off method of CS means that each parent pays the other support, but the lessor amount is deducted from the greater to simplify payments. The principal is important to keep the responsibilities of each parent equal, that they exchange income information etc.
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Can you point me to where it says I can?
Mess already did.
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Old 05-01-2011, 08:00 AM
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This is giving me a headache. Here's what I understand from CRA notes:

In the year you separate you can claim either the spousal deduction (303) or sporusal support (230/220) but not both. You claim whatever is best for your tax situation. You cannot claim the eligible dependent 305 line (this is effectively the equivalent 303 so it's just bookkeeping)

In subsequent years, with 2 or more minors involved, both parents may agree to claim one minor each under 305, or, with 1 minor, they may alternate years for the claim. the main point is that you don't both claim the same minor in the same year. Shared custody appears to be a requirement for this scenario as the minor must have been living with you during the year, although I didn't see anything in the CRA bulletin on the % custody explicitly.

Do I have it right?
  #18  
Old 05-02-2011, 09:47 AM
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"In subsequent years, with 2 or more minors involved, both parents may agree to claim one minor each under 305, or, with 1 minor, they may alternate years for the claim. the main point is that you don't both claim the same minor in the same year. Shared custody appears to be a requirement for this scenario as the minor must have been living with you during the year, although I didn't see anything in the CRA bulletin on the % custody explicitly."


Where do you see this information? That both people playing child support paragraph from earlier in the thread is makes no sense to me at all if that's what the justification is...
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Old 05-02-2011, 03:09 PM
Myrmex Myrmex is offline
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Can you provide more details about that court case? I'm trying to appeal Rev Canada refusal to give me the dependant tax credit and I'm in the 50/50 situation.

Quote:
Originally Posted by Mess View Post
Canada Revenue Agency: What are the situations in which you cannot claim the amount for an eligible dependant?

It's not really an "unenforced grey area", it is a poorly worded exception to the general rule made due to a court case won against the CRA a few years ago.

lynx, the set-off method of CS means that each parent pays the other support, but the lessor amount is deducted from the greater to simplify payments. The principal is important to keep the responsibilities of each parent equal, that they exchange income information etc.
  #20  
Old 05-02-2011, 06:32 PM
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Can you provide more details about that court case? I'm trying to appeal Rev Canada refusal to give me the dependant tax credit and I'm in the 50/50 situation.
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