Which spouse gets to claim the eqivalent to spouse for the only dependant under 18year. They are separated, have joint custody and are sharing the child tax benefit.

Which spouse gets to claim the eqivalent to spouse for the only dependant under 18year. They are recently separated, have joint custody and are sharing the child tax benefit. The husband has filed first and used the claim. Is this correct? The spouse is presently receiving the child tax benefit and will be sharing the benefit in July. If I don't put the child on her tax return, will she still be entitled to the CTB?

Answer

Who clais the Amount for Eligible Dependant has no bearing on the recipient of the Child Tax Benefit.

For CTB it should be the Primary Caregiver who receives it or shared based on Custody as mentioned. So long as both parents meet all the Criteria for the Amount for Eligible Dependant than either one can claim it. A parent who is required to pay child support is not entitled to make the claim unlessb both parents are required to pay it to each other.

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