By Judgment, me and my child's other parent alternate years claiming child. Child Tax Credit $ going to her even though it is my year to claim based on last years tax returns when she claimed. She tried unenrolling as the 2021 parent but to no avail, checks are coming to her anyway. We split the $ anyway, but she is afraid to spend it or even be getting it as I will be claiming my child for the 2021 year when taxes come due. What to do?
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There is a possibility that your ex-spouse unenrolled to late for the July payment. What I suggest is that your ex-spouse tries to unenroll again so that the next payments don't keep coming.
The Advance Child Tax Credit Portal:
https://www.irs.gov/credits-deductions/child-tax-credit-update-portal
And lastly the Advance Child Tax Credit Payments in 2021 Website:
https://www.irs.gov/credits-deductions/advance-child-tax-credit-payments-in-2021
The worst that will happen is that you may have to pay the money back.
Safe Harbor clause:
Note that there is a Safe Harbor (not having to pay back the excess advance) for the following income ranges: MFJ or QW $60,000, HOH $50,000, SGL or MFS $40,000. The calculation for the amount to be paid back is rateable from the base limit to 200% of the base limit. Safe Harbor only applies if the number of qualified children for the Advanced CTC was greater than the number of qualified children claimed on the 2021 tax return.
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