Ft Mitchell, KY asked in Child Custody, Divorce, Family Law and Tax Law for Ohio

Q: I have sole Custody of my 6 children. Ex has limited visitation due to DV.

Per our divorce order he is able to claim 3 kids for taxes. What happens to the kids stimulus checks? They solely live with me and I provide all support.

2 Lawyer Answers
Amy Turos
Amy Turos
  • Divorce Lawyer
  • Kent, OH
  • Licensed in Ohio

A: This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he doesnt agree to giving you the money. But, just to caution you- this is such a new issue - so I cannot provide any case law that supports this issue. I also didn't review your cusotdy orders so I don't know if that issue is addressed there. It probably doesn't because the stimulus money was not anticipated. Please consult with an Attorney to further discuss this issue.

J. Timothy Bender
J. Timothy Bender
  • Tax Law Lawyer
  • Cleveland, OH

A: As the checks are being sent to the address of the parent who claimed the children as dependents on his or her 2019 federal income tax return (or the 2018 return if the 2019 tax return has not yet been filed), the stimulus payment for the three children claimed as dependents by your husband most likely will go to him in his name at his address.

Whether he is able to keep that $1,500 rather than giving it to you is likely a domestic relations issue. You may want to talk with the lawyer who represented you in the divorce or to another lawyer who practices in that specialty area.

Cathy Cook Esq agrees with this answer

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.