Fort Lauderdale, FL asked in Tax Law for Florida

Q: Does the father get to keep the child tax credit or does that go towards the children?

The stimulus money for the kids goes for the children correct? The father has kept all the money and given my children nothing

Related Topics:
4 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Tax Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: The child tax credit and the "stimulus money" are two different things. I believe the stimulus payments go to people who have filed tax returns; did you file a return last year?

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Tax Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If you didn't file, submit your information here:

https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here

Bruce Alexander Minnick and D. Mathew Blackburn agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Married taxpayers who have dependent children will get $2,500 per spouse plus $500 for each child. Unmarried taxpayers who have dependent children will get $2,500 for themselves and $500 for each dependent child.

A: No dependents do not have a claim for any of the impact recovery payment or the child tax credit. The entire amount is the property of the taxpayer that filed the return/s.

Whether or not the Taxpayer in questions is entitled to claim the child for purposes of either the credit or the impact recovery payment is a separate questions.

If you disagree regarding the impact recovery payment your recourse would be to file suit under the state civil conversion laws. However the state courts will likely not have much in the way of precedent on this matter.

It's unclear if the IRS will issue any guidance on payments that create a disagreement as to who exactly should have received a stimulus payment.

The child tax credit belongs to the custodial parent under IRS rules, not state domestic law, and if claimed erroneously the recourse would be to claim in your own return, paper file, and wait on the letter from the IRS asking for further clarification. At which time you will be allowed to present evidence that you are the custodial parent. You should also review any domestic orders to ensure this will not result in contempt. You'd have to speak to a state domestic attorney for that information and analysis.

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.