Seattle, WA asked in Tax Law, Gov & Administrative Law and Social Security for Washington

Q: Who is entitled to the stimulus check?

A couple days ago my husband was arrested and will most likely be doing prison time.

We are separated (not legally) and filed married filing jointly for 2019.

When the 1200 for him comes with the stimulus check, am I legally entitled to keeping it?

The reason I ask this question is because we have twin toddlers together. Regardless of the fact that he is extremely uninvolved with his children, I will not be receiving child support while he is incarcerated. This money would put a roof over my family’s head seeing as how we are fleeing domestic violence from him & have become homeless.

I do not ask this question for “control” I simply ask this question because I want to know if our children in common and I had legal right to keep the money. If not I had planned to transfer it to his mother.

I am a parent trying to do right by my family, that is all.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Social Security Disability Lawyer
  • Tallahassee, FL

A: This is not a legal question. This is a serious family control question--the answer to which will be answered by the two people affected: you and your husband.

I will ask you a question to give you a large hint as to the answer: If your husband was awarded the Medal of Honor for bravery on the battlefield would that make it OK for him to take your $1,200 stimulus check while he was gone?

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