Crossville, TN asked in Divorce for Tennessee

Q: Ok my ex and I got divorced in 2020 and decided that we would alternate years on claiming the kids this year it was my

Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not based on our joint tax return

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1 Lawyer Answer
Ross Matuszak
Ross Matuszak
PREMIUM
Answered
  • Franklin, TN
  • Licensed in Tennessee

A: Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.

If there is a provision in your Marital Dissolution Agreement that you are allowed to claim all three children as dependents for tax purposes this year, you would likely keep all of the stimulus money generated by your children if it is sent to you. A divorce has the effect of returning people to the status of an unmarried person. You and your ex-husband have to follow all of the provisions in the Parenting Plan and Marital Dissolution Agreement, as they became court orders when incorporated into the Final Decree of Divorce. So, by following what you said is in the Marital Dissolution Agreement, you will probably keep any money sent if the government uses your 2020 tax return to issue a stimulus payment.

This is a situation that many people find themselves in because it was unforeseeable when couples divorced that a pandemic would take effect of the country for so long and that the government would be mailing stimulus checks. That being said, if you have a question concerning taxes, your recent divorce and money, it would be best to book an appointment with an accountant and an attorney to review your taxes and Marital Dissolution Agreement respectively and then decide how to proceed.

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