Who can claim children when custody is disputed?

My wife and I were given custody of our three nieces for part of the year in 2014. During the time they were with us, we received the standard support payments as if they were our own children. I am sure their parents will be claiming them for 2014, but can we as well? I understand that Revenue Canada says "If you have shared custody of the child throughout the year but cannot agree who will claim the amount, neither one of you can make this claim." That doesn't seem fair. I don't claim the kids, what is to stop the parents from claiming and taking the full deduction? The parents will not communicate nor will they agree to sign anything.

Answer

If you are not in position to come to an agreement with the parents then you cannot claim.
Fair or not, parents have the right to claim a child depedant unless a court has decided otherwise.
You can contact CRA, but I really doubt anyone there will say anything different.
Was this answer helpful? Yes No
Default user avatars original
SuperUser

No answers have been posted

More Actions

People come to TurboTax AnswerXchange for help and answers—we want to let them know that we're here to listen and share our knowledge. We do that with the style and format of our responses. Here are five guidelines:

  1. Keep it conversational. When answering questions, write like you speak. Imagine you're explaining something to a trusted friend, using simple, everyday language. Avoid jargon and technical terms when possible. When no other word will do, explain technical terms in plain English.
  2. Be clear and state the answer right up front. Ask yourself what specific information the person really needs and then provide it. Stick to the topic and avoid unnecessary details. Break information down into a numbered or bulleted list and highlight the most important details in bold.
  3. Be concise. Aim for no more than two short sentences in a paragraph, and try to keep paragraphs to two lines. A wall of text can look intimidating and many won't read it, so break it up. It's okay to link to other resources for more details, but avoid giving answers that contain little more than a link.
  4. Be a good listener. When people post very general questions, take a second to try to understand what they're really looking for. Then, provide a response that guides them to the best possible outcome.
  5. Be encouraging and positive. Look for ways to eliminate uncertainty by anticipating people's concerns. Make it apparent that we really like helping them achieve positive outcomes.

Select a file to attach:

Do you still have a question?

Ask your question to the community. Most questions get a response in about a day.

Post your question to the community