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  1. #1
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    Default Who claims children when separated.

    My H and I have been separated for a year. I have custody of the children, but I am not working right now. H wants to claim the children, but I was told I claim the children and he claims the spousal/child support. Should I ask my accountant to let my H claim them?

    Thank you.

  2. #2
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    strongmommy's Avatar
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    Hi there,

    Based on what you've said, he doesn't have custody thus he isn't paying daycare to allow him to earn and income or go to school .... so he can't claim it.

    If he paid for it AND you shared custody then he can claim his portion paid because he did incur it to earn income --- effectively you'd need to share it.

    You would need to claim the childcare ... but since you're not working - and child care is only deductible if you work or go to school, then the expense is considered “personal“ and not deductible to you either.

    In the year of seperation there are a few special rules on who can claim which child (if more than one) as an eligible dependent but you mention being seperated for more than a year so that's not applicable.

    If he's paying the costs of sports or art activities he can claim them / you can share the expenses you each paid up to a total of $500 per child for each.

    Hope that helps.
    Last edited by strongmommy; 04-23-2012 at 11:49 AM.

  3. #3
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    If you are getting CCTB, etc and he claims them, you can kiss that goodbye. I had this happen, and had to get it fixed ASAP. Which really sucked because i NEEDED that money to pay rent and get by...

  4. #4
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    who ever the kids lives with is who claims them. If you get the baby bonus then u have to claim them....I have been through this.
    NO NOISE IS BETTER THEN HEARING A CHILD'S LAUGHTER

  5. #5
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    Don`t forget, the one ACTUALLY caring for the child gets the CCTB...so In my understanding, they are the one that `claims`the child.. listing the child as dependent.

    btw, he doesn`t get a credit for child support paid, simply required to report that he does and how much, and you should also be reporting that you receive it and how much.
    no one gets a benefit, nor penalty for child support; its non taxable income.

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