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.
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.
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
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