The intent is what seems clear. The IRS page(s) about the stimulus does not seem to have a clear FAQ about this situation, however I do see other websites that indicate two payments for the same child or children is not the intent.
Although the stimulus payment was sent out based on the 2019 (or 2018) tax return, it is reconciled on the 2020 return. Some taxpayers are still getting checks, however there are some caveats.
Since the other parent claimed the children on their tax return for 2019, the reconciliation tax year is 2020. This means that since you are claiming them in 2020, it will be included with your tax return and added to the payments (1040, Line 30) of your tax return.
Key Point: Only one parent could have the children live with them for more days than the other parent. And only that parent can meet the test below. EIP: Qualifying Child Requirements
- Child's Residency: Child must have lived with the individual eligible for the Payment for more than half the tax year.
- Even though 2020 did have 366 days, if you actually determine you each had them exactly half of the year, then neither of you would qualify for residency because they didn't live with either parent more than half of the tax year.
- By checking the amount of stimulus calculated by TurboTax, you can agree with the payments received to eliminate additional funds being released.
You can try contacting the IRS about this to see how this would be handled in your situation specifically. If you do, be sure to take the employee number and write down their answer to keep with your file.
- (January - April) 800-829-1040 - Call early or late for shortest wait times.
- Telephone service wait times can average 15 minutes. Some telephone service lines may have longer wait times.
- Telephone service wait times are higher on Monday and Tuesday, during Presidents Day weekend and around the April tax filing deadline.
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