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can he claim the kids?

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  • can he claim the kids?

    okay this is for a friend of mine, honest. His ex wife remarried last year and moved to the next town over. There are three kids, all over the age of 13 but under 18. They didn't want to move so now Dad has the kids full time, no longer pays child support to mother and she is paying him. It has been this way since last summer.

    Can he claim the kids now on his income tax? Before she claimed them and their sports stuff etc. They worked out the agreement themselves.

    the kids passports, health cards etc all show his address now.

    Another guestion that I am not sure he is right on. He said that once she remarried the separation agreement is void?? He thinks because they are divorced that it no longer is valid??

  • #2
    Anyone can claim the kids. The test will be what CRA accepts - especially if one parent is dishonest. I point this out as a law guides you, it does not "prevent" you from doing anything.

    But yes he can claim the kids. He should request school file docs that show his address as on file and that the kids live with him (the forms you fill out at beginning of each school year).

    The SA is valid until it is replaced by another agreement or the children cease to be a child of the marriage.

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    • #3
      Originally posted by Serene View Post
      Anyone can claim the kids. The test will be what CRA accepts - especially if one parent is dishonest. I point this out as a law guides you, it does not "prevent" you from doing anything.

      But yes he can claim the kids. He should request school file docs that show his address as on file and that the kids live with him (the forms you fill out at beginning of each school year).

      The SA is valid until it is replaced by another agreement or the children cease to be a child of the marriage.
      I will tell him that.

      I told him that a separation agreement, especially when kids involved isn't void until the kids are of age. Just nice to have that confirmed. I think he is confused by the term "separation agreement" being used for the name of the document. He figured once they were divorced it was void as they were no longer "separated. He comes from Scotland so not sure if they do things different there. Divorce was done in Canada.

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      • #4
        Originally posted by standing on the sidelines View Post
        I will tell him that.

        I told him that a separation agreement, especially when kids involved isn't void until the kids are of age. Just nice to have that confirmed. I think he is confused by the term "separation agreement" being used for the name of the document. He figured once they were divorced it was void as they were no longer "separated. He comes from Scotland so not sure if they do things different there. Divorce was done in Canada.
        The separation agreement should be amended by consent and that should be filed with the courts, and FRO if they were collecting. The CRA can and will ask for the Separation agreement or court order at times.

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        • #5
          Generally, the separation agreement is incorporated as part of the divorce decree. Therefore, in many instances, they are one in the same post divorce.

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          • #6
            Originally posted by standing on the sidelines View Post
            ...There are three kids, all over the age of 13 but under 18. They didn't want to move so now Dad has the kids full time, no longer pays child support to mother and she is paying him. It has been this way since last summer.

            Can he claim the kids now on his income tax? Before she claimed them and their sports stuff etc. They worked out the agreement themselves...
            Yes he can claim them, and yes, he should be claiming them now. Should be relatively easy to provide CRA with the necessary info, if they require it, to show it should be him, that claims the children.

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