Norton, VA asked in Criminal Law, Civil Litigation and Small Claims for Virginia

Q: Can/should I sue ex for Stimulus check funds?

Spouse and I are separated...still legally married. No property settlement. I am sole custodial of our two children. 100% timeshare. She walked away and never contacts the children.

We filed taxes jointly in 2019. She filed primary as I am disabled on SSI.

We were separated when the Stimulus check came. $3400.

Allotment should be:

Adult (her) $1200

Adult (me) $1200

Child 1 $500

Child 2 $500

Raising my children alone with no visitation or help from their mother, I feel as if she should have sent us $2200 of the $3400 Stimulus.

She aent nothing. Kept the entire check, rented a new townhouse, adopted a dog and went on a few trips with her new bf.

Should I file a small claims suit?

And if so, which jurisdiction? Where the children and I live or where their mother lives?

We have lived in our new town for over 6 months.

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle domestic relations maters. This issue should have been covered in your Property Settlement Agreement so you may want to look at it, if you have one.

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