Claiming eligible dependent for a separated/divorce couple.

I have a client that they are separated living in the same province but different cities. They have two kids younger than 18. Custody is joint and they live with the mother during the week and with the father during the weekend. Can each one claim one of the kids as a eligible dependent if they agree which one claims which one?

Father is paying child support to the mother but it is NOT claiming the support payments.

Answer

It is best to ensure that both parties are aware of what the other is doing because the CRA can deny both the eligible dependant if the both make the same claim. The best way to find out is to have both parents as your clients and/or to ask for the court order or separation agreement that states they both have joint custody. To answer your question, and if everything is checked out, it's a YES, each can claim one child each as eligible dependant (unless of course the claimant is living common-law or married to someone else).

The are additional issues connected to joint custody that you may want to know

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