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New Member
posted Mar 24, 2021 3:02:44 AM

My third stimulus was deposited into my ex husband emerald card. The first and second came to my direct deposit. He was not supposed to claim my kids. How did this happen

I have custody of all 3 of our children. He took the full stimulus off his card. Refuses to give my children and myself our part

0 3 1098
3 Replies
Level 9
Mar 24, 2021 10:34:09 AM

Unfortunately this is a legal issue and the IRS won't retroactively change payments of a stimulus payment(s) that was misappropriated by an estranged spouse.  The IRS sends payments to the last known address and/or financial information on the tax return.   The last known address is generally the address that appears on the taxpayer's most recently filed and properly processed tax return. Treasury Regulation Section 301.6212-2 (a). 

By filing your 2020 tax return Married Filing Separately, Single, or Head of Household (whichever applies to you), your last known address and direct deposit information will change.  The last known address is generally the address that appears on the taxpayer's most recently filed and properly processed tax return unless the IRS is given clear and concise notification of a different address. Treasury Regulation Section 301.6212-2 (a). 

It's probable that your bank information / card and last known address was not updated in time when the IRS issued the payment.

 

You should check your IRS account to see the amounts of the stimulus payments.  TurboTax will ask you to you complete the Recovery Rebate Credit Worksheet  at the end of the interview.  Here is an IRS link that provides more information.

 

 You can use the free TurboTax Stimulus Registration product to easily provide the IRS with updated information.

 

@meme39-

New Member
Mar 26, 2021 9:02:05 AM

The first and second stimulus came to my bank account. The third stimulus went to the ex husband account. He was not supposed to claim my children not get our stimulus

Level 9
Mar 26, 2021 12:09:51 PM

Unfortunately this is a legal issue and the IRS won't retroactively change payments of a stimulus payment(s) that received by an estranged spouse.  The IRS sends payments to the last known address and/or financial information on the tax return.   The last known address is generally the address that appears on the taxpayer's most recently filed and properly processed tax return. Treasury Regulation Section 301.6212-2 (a). 

By filing your 2020 tax return Married Filing Separately, Single, or Head of Household (whichever applies to you), your last known address and direct deposit information will change.  The last known address is generally the address that appears on the taxpayer's most recently filed and properly processed tax return unless the IRS is given clear and concise notification of a different address. Treasury Regulation Section 301.6212-2 (a). 

It's probable that your bank information / card and last known address was not updated in time when the IRS issued the payment.

 

You should check your IRS account to see the amounts of the stimulus payments.  TurboTax will ask you to you complete the Recovery Rebate Credit Worksheet  at the end of the interview.  Here is an IRS link that provides more information.

 

 You can use the free TurboTax Stimulus Registration product to easily provide the IRS with updated information.

 @meme39-