The starting point for a stimulus check is $1,200 per adult or $2,400 for married couples filing jointly, and an additional $500 per qualifying child (generally, a dependent child under age 17 at the end of the qualifying tax year).
Stimulus checks are disbursed in the same fashion as your 2019 tax refund (or 2018 refund if you have not filed a 2019 return). Therefore, if you and your spouse/ex-spouse filed jointly on your last tax return but have since separated, the check is deposited in the same account or mailed to the same address as your most recent tax refund.
Ideally, you and your former spouse have an open line of communication and can work together to find a solution. You may simply divide the check equally. In most cases, your Divorce Decree has a clause regarding taxes, including the sharing of any tax refunds or liabilities for a set period of time. These clauses may provide guidance to you and your former spouse as you try to resolve this issue.
Funds will be direct deposited based on the bank information from your 2019 tax filing. If you have not filed for 2019, then your 2018 filing will apply.
If you filed “jointly” with your spouse for the 2018 tax year, but have separated from your spouse since filing, then it is best to file your 2019 taxes as soon as possible. You will need to notify the IRS of your updated status of “separated” or “single”.
It is not likely that the IRS will have updated information for couples who have separated since their 2019 tax filing. Couples who filed jointly for the 2019 tax year but separated after filing, may need to coordinate the division of the stimulus funds.
The parent who claims each child would also, in theory, receive the associated stimulus money. On the other hand, for many, now may be an ideal time to show support to your co-parent by sharing the child portion of your Stimulus Check equally. For others, the funds may be mutually agreed upon to go to the parent who truly needs it most.
No. The Coronavirus Stimulus Bill has not waived offsets for the past due to child support. This means that if you owe back child support, then you may receive a decreased stimulus check or no check at all. If your payment is intercepted by the department of the treasury, then the funds will be given to the child’s custodial parent.
For many couples, the financial relief of the Stimulus Check is needed now. The cost to litigate this issue would likely far exceed the amount in dispute. The courts are backlogged, and a decision could take quite a while. Therefore, working out the issue amicably and through open communication is most beneficial, in regard to time and financial impact.
Sharing your Stimulus Check could show goodwill towards your co-parent and help you both put your children first while surviving this crisis. Considering the destination of your Stimulus Check and keeping your co-parent in mind during this time of need is your opportunity to peacefully collaborate with him or her.
What it boils down to is using the Stimulus Check for what is intended: to give families a leg up financially in what is a very economically challenging time. That being said if your family needs assistance to negotiate fund distribution or any other family law issue, feel free to contact us.
By listening carefully to all of your needs and concerns, and keeping you highly informed and involved throughout the legal process, we believe we can work together to achieve the results you need in your unique legal situation.
At The Montanari Law Group, our criminal defense counsel is experienced and committed to providing our clients across Wayne, Paterson, Clifton, West Milford, Woodland Park, Little Falls, and Passaic County the protection of their legal rights in all criminal matters.
To schedule a confidential consultation with a member of our team today regarding your case, please fill out our online form or call our Little Falls office at (973) 233-4396 today for a free and confidential consultation.
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