I’ve been dealing with this issue as well. My ex and I claim our daughter every other year. I’ve long thought that he shouldn’t be able to do that but wasn’t worth the court battle or legal fees. He is now not only getting the $1400 but also the $300 a month when they roll that out and that’s where my problem lies. He pays support but childcare and medical expenses aren’t included in that. He hasn’t paid me a dime for childcare in 4 years or helped with the orthodontist, etc. I’m now paying extra for childcare because of homeschool but he won’t give me a dime. He flat out refuses to give me any of the $300 monthly. He sees her rarely so it’s not like he has any expenses for her really. My first stop is the accountant but from the research I’ve done it seems I’m screwed for the most part. I’ve seen that it’s possible the IRS will somehow try to address this issue though I don’t know how. It’s very very flawed and I’m not sure there’s much to be done unfortunately.
Goodluck my friend is going through this and child support basically said shes screwed.
I know that once a court order is established the primary parent (the one the child(ren) lives with) has the sole right to claim them on taxes so I’m the only one who claims my daughter. It was confirmed with my attorney. I’d definitely re-file for child support and go to court!
If you file taxes and claim your child they will put it under investigation but also stall your return. If you have proof of custody and you are her primary residence…weeeellll you just might make his life miserable! Speaking from experience…
When I filed my taxes for 2020, I was able to get the first 2 stimulus checks. (I did not claim them last year on my taxes.) TurboTax asked if I received the stimulus checks and how much. So I was granted the other amount that I did not receive with my taxes.
I have no idea if that messed up my boyfriends or not seeing he still got his taxes this year. So if you haven’t filed your taxes yet. I would and claim the kids. Have proof you had them all year around.
When u file ur taxes tell ur tax person that he filed them even tho u have them and see what they can do.
When you file taxes at the end of this year which I assume you will be working and doing so then you’ll have to tell them that you did not receive it they’ll add it onto your taxes even if the other parent did I got my kids first two on my 2020 taxes because they didn’t come to me as someone else had Carried them.
You need an order laying out which parent claims the kids each year. He got the money because he claimed them.
Fyi.i paid a tax lady just a month ago to file papers for the stimulus checks that we have never received from the get go.i found out that my ex claimed her so that scratched her now waiting to see if he claimed me too. Yes we’re still legally married but been separated for 6 years I’m now being told there isn’t anything I can do
4 God’s sake take ur legal matters thru the court system. Do not depend on his word!
There is double dipping allowed for split parents. When you file your 2020 return and claim you children, it will ask you how much of the stimulus you received. If you got zero, it will give you what you are due on your tax return as a Recovery Rebate Credit.
This is how it should work for the $1400 stimulus as well for when you file your 2021 taxes (around this time next year).
You should have used the non filer tool. Just for future reference.
Yes you should get the stimulus. File with the IRS about it
Yes there is. There is something in place for these situations and they will reimburse you every stimulus payment that’s gone out, for each child. I’m sorry that I don’t remember the name of it but a friend did it and she received the check.
Did you claim your child when you filed your taxes? If he got a stimulus for the child that means he claimed the child. If he is not living with you or supporting both of you, he shouldn’t be claiming you or your child.
You need to take it to court and request child support and those stimulus checks for yourself and your children.
How are YOU feeding and housing these children if you were a stay at home mom?? Are you providing the financial support for these children if you have them full time?? He should claim your kids since he was the working parent making the taxable income and at the present time you are going through this separation it will still go to him. Honestly he should get it.
This happened to me! In process of divorce and my ex got stimulus for both of our kids and I was the one that claimed them on taxes. I have yet to get it resolved, pissed is an understatement. My ex never helps or sees them, I desperately needed that money for bills. Ugh
You can contact IRS and submit prof that the children are 100 in your custody and that dad has not contact also if he did not have them for a minimum of six month he can’t claim them in his taxes either way if you would or if you do have a current child support enforcement order and if he is behind they would have taken the money and sent it to you … that being said you need to go to court and file a motion to modify of change of circumstances to get in front of a judge express that you are you alone have had custody and supported the children and that ex / dad took their stimulus assistance for the children and did not help or use that money to support them in any way and ask the court to have him direct that money back to you so you can use that for your children which was the exact reason the money was sent !! To support those children need which is not happeneing
It doesn’t matter. It’s whoever claimed them will get the stimulus check. Outside of that there is nothing you can do. NOTHING. if you took it to court it would cost more than 1400. Unfortunately you guys are still married or was at the time.
If you contact the IRS THERE IS NOTHING THEY CAN DO! it’s the first one who files taxes that receive it. Period
Any other questions?