Stimulus check and divorce
How Will Stimulus Checks Be Divided Between Divorcing Couples?
The United States Congress passed an economic relief package providing stimulus checks to many Americans. Spouses who find themselves in the middle of a divorce or who have recently divorced may not be sure about how to divide the amount, or the check may be deposited into the former spouse’s account. The payments will be based on each individual’s most recently filed tax return.
The amounts will automatically be deposited into the account linked to the most recent tax return if the person used an automatic deposit. If the divorce is still pending, you are entitled to a part of the stimulus check, but you will need to agree with your ex-spouse about the division of the amount. This especially applies if the check will be deposited into an account owned by your spouse or delivered to your formal mutual residence. Please seek professional advice from a counsel.
What if my Ex-spouse Took My Stimulus Check Money?
The IRS sends the stimulus check to the bank account that is listed on the last tax return for the head of the household, so they may not know if you filed for divorce or were recently divorced. If you think or know that a stimulus check was sent to your ex-spouse and they received a portion of the aid that you should have received, talk to an attorney about your options.
I Got My Ex-Spouse’s Stimulus Check, What Should I Do?
If you have filed for divorce or have been divorced since you last filed your tax return, and at that time, you were the head of household, you might get your ex-spouse’s share of the stimulus check. If this occurs, you need to send them their share of the amount received. Not returning another person’s stimulus check could be a violation of federal law.
Do Stimulus Checks Affect Child Support Obligations?
If the spouse owing child support is past due, the stimulus check can be intercepted and used to return the past-due balance. A different situation could be a divorce that is still pending, where the children live with one spouse, and the other spouse was the head of the household and is receiving all of the stimulus check money, including the amount that is meant for the expenses of the children. If this is the case, you need to contact a lawyer. There are different ways to address the division of stimulus checks, and finding reasonable agreement can be done by phone, email, or video chat, without going to court.
However, a parent who owes child support may not get a stimulus check if the Florida Department of Revenue has previously reported the delinquency to the federal Treasury Offset Program. Although The stimulus check stops almost all federal administrative offsets, for now, the Treasury Offset Program’s child support offset is an exception. This is why the Treasury Department will withhold stimulus checks from those who owe child support.
A stimulus check offset against child support delinquency will be sent to the person to whom it is owed or to the government for public benefits that the parent got instead of the child support.
If you would like to discuss the specifics of your divorce case or need help with understanding the stimulus check, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.
At this time all consultations are by telephone or video conferencing in order to protect our staff and clients. Attorney Diaz practices exclusively in divorce and family law issues in Florida.
Written by Debora A. Diaz, Esq.