Shared Custody payments...

Status
Not open for further replies.
C

caps2

New member
In a shared custody situation of my 9 yr old daughter, do I have to pay the difference of the two incomes between my ex and I on the table, or is there a varience because of a shared custody situation
 
Find the table amount for income, find the table amount for the other parent's income, subtract one from the other and pay the difference.

In order to claim the children on your income tax, the CRA requires that either:
a) the claimant be the support receiver, not the support payer, or
b) both parents are paying support, through the setoff method described above.

Your custody agreement or court order should specify that you have Shared Parenting, that both parents' support amounts are setoff against each other according to section 9 of the Child Support Guidelines. The CRA will require this type of wording in order to allow both/either parent to claim deductions.
 
Mess said:
Find the table amount for income, find the table amount for the other parent's income, subtract one from the other and pay the difference.

In order to claim the children on your income tax, the CRA requires that either:
a) the claimant be the support receiver, not the support payer, or
b) both parents are paying support, through the setoff method described above.

Your custody agreement or court order should specify that you have Shared Parenting, that both parents' support amounts are setoff against each other according to section 9 of the Child Support Guidelines. The CRA will require this type of wording in order to allow both/either parent to claim deductions.
Click to expand...

Something to keep in mind, if you don't have a formal agreement then, even if you pay cs, either one of you can claim. The cra does not recognize informal cs arrangements.
 
billm said:
How is formalness distinguished?
Click to expand...

Informal would be an agreement (either verbal or written) between you and your ex.

Formal would be an order through the courts.

"The CRA does not recognize support payments based on money that individuals give or receive without an order."

"The payments must be in a court order or an agreement (made between the lawyers) filed with the court and the order has to set out the timing of the payments."

This information was taken directly from a pamphlet on child support from the government of NB, it is called "Child support" (published by, Public Legal Education and information Service of New Brunswick). You may not live in NB, but they are referencing a Federal regulation, you can also check out there site, PLEIS-NB / SPEIJ-NB • Public Legal Education and Information Service of New Brunswick / Service public d'éducation et d'information juridiques du Nouveau-Brunswick :: Welcome / Bienvenue or call 1-888-236-2444.

I have also called the CRA on this issue and was advised it is true, and that you can you back as far as 10 tax returns, if need be.

I would suggest confirming this with the CRA as well.

Also, this may help:

Spousal Equivalents

I hope this helps!
 
billm said:
If you obtain a court order now, you can get retro dependent claim for 10 years?

Is that what you are saying?
Click to expand...

No, sorry, what I am saying is if you had an informal agreement from previous years, you could claim every other year from previous years, depending on when the informal agreement started.
 
Status
Not open for further replies.
Back
Top