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Child Support

30 bytes added, 21:24, 24 August 2022
Income tax issues
It used to be the case that the person paying child support could claim an income tax deduction for their support payments, while the recipient had to claim it as taxable income. Not anymore. Any child support payments made pursuant to a written agreement or court order made after 30 April 1997 are neither deductible for the payor nor taxable for the recipient.
The portion of a lawyer's bill attributable to obtaining, increasing, or enforcing a child support order is tax-deductible. The cost of defending a claim for child support is not deductible. Read the Canada Revenue Agency's (CRA) [http://www.cra-arc.gc.ca/tx/tchncl/ncmtx/fls/s1/f3/s1-f3-c3-eng.html#N10C4B Canada Revenue Agency's Income Tax Folio S1-F3-C3, Support Payments] for the fine print, and speak to an accountant to get advice to see if you qualify to write off the portion of your lawyer’s bill that relates to child support.
To claim this deduction, the lawyer must write a letter to the CRA setting out what portion of their fees were attributable to advancing or enforcing a child support claim. If you intend to ask your lawyer for a letter like this, you should tell your lawyer as soon as possible — preferably the moment the lawyer takes your case! — so that they can keep a log of time spent on your claim for child support.
In a shared parenting situation, where each parent has a duty to pay child support to the other parent, the higher-income parent often just pays the difference between the higher amount they owe and the lower amount they would receive from the lower-income parent. This difference is called a ''set-off amount''. In a court order or agreement, however, it matters how this arrangement is worded. Recently, the CRA Canada Revenue Agency has decided that if the agreement or order says that only the higher income-earning parent pays child support, the CRA will treat the situation as if there is only ''one'' payor and ''one'' recipient of child support.
In cases like this, the CRA Canada Revenue Agency will not allow the parents to share child tax deductions or grants, and will not allow the parents to claim the children as dependents when they file their taxes. As a result, it's a good idea to make sure that your agreement or order says that ''each'' parent pays child support to the other. And it's probably best to not even mention the set-off amount actually paid. You can do the math to figure that out yourself. An agreement might, for example, say something like this:
<blockquote><tt>1. The parenting arrangements for the children qualify as "shared parenting time" within the meaning of the federal Child Support Guidelines because Parent 1 and Parent 2 anticipate that the children will live with each of them not less than 40% of the time.</tt></blockquote>