What can I do if my ex-husband got the $500 stimulus check for our child, even though he is staying with me?
My ex-husband and I are court-ordered to rotate the years we claim our child’s tax credits, even though my child lives with him for less than half of the year. He doesn’t pay any of our child’s expenses, such as sports and equipment and school lunches. I have to furnish everything for both houses.
It’s my year to claim our son on my taxes with the Internal Revenue Service in 2020, so any tax benefits associated with 2020 should go to me, right? It’s my understanding that it will be reported on my taxes when I claim him for that year, even though my ex-husband thinks he should keep that $500 payment.
Financially, you are obviously in a more precarious situation than your ex. What he should do and what he is legally entitled to do are two very different things. I can lay out actions you can take to restore this $500 to you. But you ultimately have no control over what happens next, or your ex-husband’s actions. That’s why you divorced. After you take these actions, I implore you to move on.
Option 2: Claim your child-tax credits next year in the hope the IRS recognizes that this $500 is due to you, gives you that money in your 2020 tax refund, and deducts the same amount from your ex-husband’s tax refund next year. However, whether or not you have bought furniture for your ex-husband’s home, this $500 should not be given to you twice, by him and also by the IRS.
The CARES Act was written hastily to deal with a public-health emergency and economic crisis that are still unfolding. No one knows how this will turn out. “It’s all brand new,” Randy Kessler, an Atlanta-based family attorney, told me when I mentioned your case to him. “These checks are being sent to whichever parent most recently filed taxes claiming the child as a dependent for 2019.”
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