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Sperated couple

  • 08-03-2010 7:45am
    #1
    Closed Accounts Posts: 29


    Myself and my partner are currently seperated (no legal agreement). She is now living in another country with our children. I am paying their living expenses. we still have a joint account into which the monthly child benefit is paid.
    My questions are:
    Is there any reason that we are no longer entitled to child benefit?
    Can I claim a deduction from my income of the amount I pay?
    Will I need to withtold tax from her as she is now non resident?
    How do I go about setting all this up?

    Any help would be welcome.


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Is there any reason that we are no longer entitled to child benefit?
    Contact social welfare. I would guess if she and the chiildren and living abroad then they are not entitled but they may be- I simply don't know.

    Can I claim a deduction from my income of the amount I pay?
    No. If you have a legally enforceable separation agreement you can claim for maintainance to your spouse but nothing is allowed as a deduction for payments to the children. Bit daft but that's the law as it stands. She would be taxable on the income in Ireland but she's abroad as you say.

    Will I need to withtold tax from her as she is now non resident?
    No. Her tax affairs are her own. You only withhold tax from non resident landlords. Legally as you are still married there is no tax on spousal transfers anyway.

    How do I go about setting all this up?
    Nothing to set up. I'd start by contacting your local solicitor and get everything sorted in a separation agreement.


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