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Child maintenance tax relief

  • 12-11-2018 5:30pm
    #1
    Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭


    Currently paying child maintenance to my ex
    Its costing me 100euro a week the social welfare told me I have to pay this amount as she is claiming loan parents or I could face going to court. I'm assuming this classes me as involuntary paying rather then voluntary.
    Anyhow I've been paying it since I've been told to pay it but am I entitled to the tax credits maintenance relief?
    I'd gain about 1040 a year according to the calculator

    If I am entitled to it how do I claim it? Any forms I sign or anything?


Comments

  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    2Mad2BeMad wrote: »
    Currently paying child maintenance to my ex
    Its costing me 100euro a week the social welfare told me I have to pay this amount as she is claiming loan parents or I could face going to court.
    Anyhow I've been paying it since I've been told to pay it but am I entitled to the tax credits maintenance relief?
    I'd gain about 1040 according to the calculator

    If I am entitled to it how do I claim it? Any forms I sign or anything?

    There is tax relief on spousal maintenance,not child maintenance


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    sexmag wrote: »
    There is tax relief on spousal maintenance,not child maintenance

    Well shes claiming loan parents and the social told me I have to contribute to it so I'm assuming it's not child maintenance even though it's spent on my child and herself
    So the 100euro I'm giving her a percentage is deducted from her loan parents out of it
    Its not child maintenance it's just maintenance


  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    2Mad2BeMad wrote: »
    Well shes claiming loan parents and the social told me I have to contribute to it so I'm assuming it's not child maintenance even though it's spent on my child and herself
    So the 100euro I'm giving her a percentage is deducted from her loan parents out of it
    Its not child maintenance it's just maintenance

    Trust me mate I know what I'm talking about.

    There's tax relief for spousal maintenance ordered by a court.

    There is none for child maintenance and it's in the name of the social welfare supoort she is getting "lone parents" not "ex payments"

    The social welfare have an obligation to help support a single mother, however you have an obligation to support your child and they will ensure you pay your share and that what you are given the ex is declared so they can reduce what they pay her.

    They can advise what they think you should be paying however if you have a court order for maintenance they cant do anything about that and then have to leave it as is.

    But unfortunately there is no tax credits for child maintenance


  • Registered Users, Registered Users 2 Posts: 122 ✭✭Fungums


    No tax relief for contributing to your child.

    To get relief for maintence payments to your ex it would have to be court ordered.

    How often do you have your child?

    If the mother is agreeable you may be able to transfer the single person child career standard rate band and tax credit which could help.


  • Registered Users, Registered Users 2 Posts: 745 ✭✭✭vectorvictor


    2Mad2BeMad wrote: »
    Well shes claiming loan parents and the social told me I have to contribute to it so I'm assuming it's not child maintenance even though it's spent on my child and herself
    So the 100euro I'm giving her a percentage is deducted from her loan parents out of it
    Its not child maintenance it's just maintenance

    What social are telling you is that her assessed means will be affected by how much you pay.

    You should know what you are paying it for as spousal and child are two separate things and only spousal (if ye were married) has tax relief. Were you married? If not spousal doesn't exist for you. Failing an agreement it's open to interpretation. If you have one child it would be believable that it's 50 child support and 50 spousal. If you have two kids it would not be believable that you are paying 100 to cover them and spousal and would be assumed it's entirely child maintainance.

    Regardless it could never be 100% spousal as you would then be paying nothing for your child (ren)

    You should have a written agreement if relations are good.

    If your means are low and relations are bad then the court route will be to your benefit.


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  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    sexmag wrote: »
    Trust me mate I know what I'm talking about.

    There's tax relief for spousal maintenance ordered by a court.

    There is none for child maintenance and it's in the name of the social welfare supoort she is getting "lone parents" not "ex payments"

    The social welfare have an obligation to help support a single mother, however you have an obligation to support your child and they will ensure you pay your share and that what you are given the ex is declared so they can reduce what they pay her.

    They can advise what they think you should be paying however if you have a court order for maintenance they cant do anything about that and then have to leave it as is.

    But unfortunately there is no tax credits for child maintenance

    Cheers they need to word it better haha


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Fungums wrote: »
    No tax relief for contributing to your child.

    To get relief for maintence payments to your ex it would have to be court ordered.

    How often do you have your child?

    If the mother is agreeable you may be able to transfer the single person child career standard rate band and tax credit which could help.

    Have him 2 days and 3 nights a week she doesn't care about him id have him full time if I wasn't working she's not a bad mother I just don't think she wants to be a mother either her ma mainly looks after him during the week then I take him Friday night until Monday morning
    We're only I'm agreement as long as she's getting money
    I'm left with 20euro a week after bills are paid so was hoping I'd be able to claim this but doesn't look like it.
    I earn 500a week after tax so I don't think a judge would look to kindly on me trying to lower my maintenance


  • Registered Users, Registered Users 2 Posts: 745 ✭✭✭vectorvictor


    2Mad2BeMad wrote: »
    I'm left with 20euro a week.

    I earn 500a week after tax so I don't think a judge would look to kindly on me trying to lower my maintenance

    You need to make an appointment with Mabs.

    Your right a judge would probably increase it


  • Registered Users, Registered Users 2 Posts: 3,326 ✭✭✭paul71


    Just to be clear, a court order is NOT required to make maintenance paid to a former partner eligible as a tax relief.

    The legislation clearly states that the payments should be "legally enforceable" it does not say "legally enforced" so a legal agreement made between the partners outside a court setting is eligible.

    However the previous posters are correct in stating that no relief is due for any element of child maintenance. Also any relief granted to the person paying the maintenance becomes assessable income for the person receiving the payment.


  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    Your right a judge would probably increase it

    400 euro a month for 1 child that is 1 years old is quite high.

    The average ball park im aware of is between 220 to 260 a month for 1 child. That makes is it max 60 quid a week.

    Op i would advice going to court and having a maintenance order made,any decent solicitor will have that reduced to a fair amount


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  • Registered Users, Registered Users 2 Posts: 745 ✭✭✭vectorvictor


    sexmag wrote: »
    400 euro a month for 1 child that is 1 years old is quite high.

    The average ball park im aware of is between 220 to 260 a month for 1 child. That makes is it max 60 quid a week.

    Op i would advice going to court and having a maintenance order made,any decent solicitor will have that reduced to a fair amount

    Agree I meant including spousal


  • Registered Users, Registered Users 2 Posts: 122 ✭✭Fungums




  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    Fungums wrote: »

    This only applys if ops child stays with them more time than the mother and also the mother automatically qualifies and must relinquish the credit to op should she wish for them to have it


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Just to be clear me and her were never married and I do believe at least 50percent of the maintenance is spent on herself. The social wouldn't take into account the days I have him to reduce it as well as other bills but
    Cheers anyway everyone was hoping to gain a little back from this but I misread it
    I don't really want to go the court route because as it stands were on good terms and I have him every weekend from Friday til Monday morning and don't want her to take that away. It just feels abit unfair but such is life ha

    Thanks again folks


  • Registered Users, Registered Users 2 Posts: 42 iwilldare


    Contact the social with a list of you outgoings, bills etc and break it down to them to show you cant afford 400 per month.
    They probably wont care but do this before engaging a solicitor, which will cost you approx 500 for a day in court. While your in court get guardianship also(if you dont have this already)
    Once she starts working you wont be chased for this either, as all your maintenance currently does is reduce the amount the social pay her.


  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    2Mad2BeMad wrote: »
    Just to be clear me and her were never married and I do believe at least 50percent of the maintenance is spent on herself. The social wouldn't take into account the days I have him to reduce it as well as other bills but
    Cheers anyway everyone was hoping to gain a little back from this but I misread it
    I don't really want to go the court route because as it stands were on good terms and I have him every weekend from Friday til Monday morning and don't want her to take that away. It just feels abit unfair but such is life ha

    Thanks again folks

    Trust me mate,if you have your child every weekend and are paying maintenance she is not going to take that away from you,it won't do her any favours and would put her at a disadvantage, go to mediation and get a mediated court order of what you both agree too and have it signed in,then the social can swim

    Good luck


  • Registered Users, Registered Users 2 Posts: 939 ✭✭✭Ciaran


    sexmag wrote: »
    This only applys if ops child stays with them more time than the mother and also the mother automatically qualifies and must relinquish the credit to op should she wish for them to have it

    It sounds like the OP meets the criteria to be a secondary claimant. It'd be worth €1650 a year for just filling in a few forms so definitely worth looking into.


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