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

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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.