Julesburg, CO asked in Family Law for Colorado

Q: Non custodial parent zero parenting time/zero custody has kept kids (2 of them) stimulus checks is this fair?

I have full custody and there has been zero contact w/non custodial parent who gets exemption every other year due to divorce decree. He kept their stimulus (2 kids) and is going to keep the extra child tax in July - the tax to end child poverty that he has had no children in his care - at all. Can I request this money be turned over to my kids? Non custodial parent is non existent in children's lives.

Related Topics:
1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
  • Colorado Springs, CO
  • Licensed in Colorado

A: If you are unmarried and filing separate tax returns, the stimulus check is based on each person' prior income and is not specifically intended to go to children so each party would keep his or her own. As for the extra child tax credit, it depends on what your agreement says. However generally, the person taking the credits/exemptions for the children for that particular year would take the extra tax credit as well unless your order says something different. You could request to modify through court the alternating credit if the noncustodial parent does not have any time with the children.

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.