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View topic: Dependent children – Family Law Web Guide
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Dependent children

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Does anyone know if you pay child support are you allowed to claim that child as a dependent in your tax return? Thanks

That's what I have done, as later on it then asks for the amount of care.

I think it only relates to the FTB and normally all I get is something saying I have to claim FTB through the FAO anyway.
It was the question related to the Medicare surcharge. I didn't claim one last year but I figure if I pay for them through CSA they are still dependent on me. I just don't want to get in trouble with the tax office!

Reaally check on this one. A dependant child in this case is a child that spends a proportionate amount of time with you, and this means nights not just days. I think you will find that you they are not dependant on you unless it is over 101 nights in your care - which is where the "amount of care" question comes into your tax return. It not to say that you will get in trouble but if you are using the online service from the ATO "i think" it helps you calculate. I know if you do not get to see your child (like some of us) then they are definitely NOT a dependant. Worth ringing ATo is you are unsure.
But the medicare surcharge is based on whether you support a child..isn't it so therefore I pay child support for one child a huge amount so wouldn't I be able to claim the medicare surcharge not family tax benefit as I do not see the child at all.
I would recommend you check:


Ruling is - quoted from ATO:

You maintained a dependant if any of the following applies:

- you and your dependant lived in the same house

- you gave your dependant food, clothing and lodging, or

- you helped them to pay for their living, medical and educational costs.

If you had a spouse for the whole income year and your spouse worked at any time during the year, we still consider you to have maintained your spouse - as a dependant - for the whole income year.

We consider you to have maintained a dependant even if the two of you were temporarily separated, for example, due to holidays or because they were overseas.

If you maintained a dependant for only part of the year, you may need to adjust your claim.


The difference here is "who you are paying" the child is a dependant if you helped "them" pay for their expenses… you are paying your ex.

Please check with ATO. I know 7 years ago when i started this my child was NOT a dependant.

Hope this helps.
Yes it helps...thanks. She is 18 I think the money goes to her.
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