Arlington, TX asked in Child Custody, Divorce, Family Law and Tax Law for Texas

Q: If i am still legally married but my ex filed divorce papers in prison can he take legal action against me over stimulus

I filed my taxes last yr as married filing jointly bc thats how turbo tax said to file and since we were still legally married and no papers were filed i didnt want to get in trouble for filing incorrectly... so i got the first stimulus and the second and havent given him any... he filed for divorce on the second of January and my stimulus hit on the 4th his parents said they are taking legal action if he doesnt get 600 they share custody of my three kids with me and my kids stay there most of the time... can they take legal action if i refuse to give them his money... he has been in prison 2 years.... and is there anything i can do legally to ensure they dont try and keep me from my children?

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: You filed as married, and you were married. Nothing inappropriate there. Even after the divorce petition is filed, you're still married until there is a final divorce decree. The stimulus payment is community property and you can spend it however you wish. Your soon-to-be ex's parents are making empty threats. Talk to your divorce lawyer about whether they have any ability at all to take full custody of your children - if they do, it won't have anything at all to do with the stimulus payment.

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