Married tax credit for husband with wife claiming opf?

Andreainmayo

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Hi.
I married in June 2015. My husband gave his employer our marriage certificate straight away and his employer started to pay him as though he was married. However no paperwork was filed with revenue.
Sadly the marriage ended two months later. My husband has been paying maintenance for his children but refused to pay any spousal maintenance. Accordingly I made a claim for one parent family. I received a opf tax credit and have been working part time and receiving 154 euro per week to supplement my income.
A couple of weeks ago the revenue started to assess my husband and said he owes 3300 for 2015.
He is now pressuring me to sign an asessable spouse election form for 2015 and all subsequent years. I have said that I don't think I can as I have had opf payments since then and have received no spousal maintenance from him. He is enraged and thinks I am trying to hurt him. I've explained that I am trying to be up front and protect myself. It's becoming quite distressing.
So my question is can my separated husband (no legal agreement) claim married persons tax credits at the same time as refusing to pay spousal maintenance and I have been receiving opf?
Any help would be greatly appreciated
 
Your husbands employer should not have taken your husbands confirmation of his marriage to increase his credits.

Year of marriage relief is applied for after the end of that year.

So he is offside for 2015!

Technically speaking the OPFC is not available to people who are jointly assessed so I'd imagine if he is claiming for your personal credit and increased standard rate cut off during the year than it's a non runner.
 
Practically speaking at 154E per week 8k per annum you are not even using up your personal credits so the OPF tax credit is doing you no good. If you start earning above 16,500e per year then you will be using up your full personal tax credits. Removing your OPF tax credit on this basis won't cost you a penny and may save him a fair amount of money. If I were you I would sit down with his advisor and get the full picture. As a whole its best off if as parents you both have more money and is best to find out the optimum solution for your joint circumstances. Just make sure social welfare OPF doesn't come into it. It would also be worth ensuring that he indemnify you from any tax costs and that going forward he doesn't claim the marriage credit from 2017 on! You can then negotiate and agree a position each year there after based on your earnings and his. I honestly think that would be a fair settlement.
 
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