If I have 2 children but can only claim 1 because he pays child support, but doesnt see them , will I only get credit for 1 kid for stimulus package check ?

[xmasbaby0]

The questions about “stimulus checks” are beginning after a press conference that just happened on 3-17-2020.   So far this is a proposal that has not been finalized or voted on by Congress.  Please be patient until there is actual information to provide to you.  We cannot tell you if you will get a check, when you will get a check or how much it will be for.  No one knows yet.

[Hal_Al]

"I have 2 children but can only claim 1 because he pays child support."

That's not how it works. 

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. (without conditions - usually the payment of child support). Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf

 Furthermore, there is a special rule in the case of divorced & separated (including never married) parents. When the non-custodial parent is claiming the child as a dependent/exemption/child tax credit; the custodial parent is still allowed to claim the same child for Earned Income Credit, Head of Household filing status, and day care credit. This "splitting of the child" is not available to parents who lived together at any time during the last 6 months of the year; then only one of you can claim the child for any tax reasons. The tax benefits may not be split in any other manner.

Note in particular that the non-custodial parent can never claim the Earned Income Credit, Head of Household filing status or the day care credit, based on that child, even when the custodial parent has released the dependency to him.

Ref: https://www.irs.gov/publications/p17#en_US_2017_publink1000170897

Scroll down to "Children of divorced or separated parents (or parents who live apart)"

[jaredtx2020]

I just gained custody of my 2 children in December 2019. Unfortunately, I am not able to claim them for my 2019 taxes because their mother had primary custody for most of 2019 (at that time I had joint managing conservatorship with standard possesion.....meaning I was the non custodial parent with rights to info to access kids medical, dental, education etc) so my question is now that I have primary custody through the courts, will I get the stimulus money for my 2 children. I dont see any reason why my ex-wife should receive it since she no longer has custody of them and this money is suppose to help during this current pandemic period while I am supporting my kids fulltime with no child support assistance from my ex-wife. Thoughts on this or a number to a government office to help answer this question?

[xmasbaby0]

The questions about “stimulus checks” are beginning after a press conference that just happened on 3-17-2020.   So far this is a proposal that has not been passed by Congress.  Right now it is in the Senate and still must be voted on by the House of Representatives.  Please be patient until there is actual information to provide to you.  We cannot tell you if you will get a check, when you will get a check or how much it will be for.  No one knows yet.

[divorceddad]

I'm in the same boat. My kids lived overseas with their mother for all of 2018 and part of 2019. They moved back in with me in August of 2019 and have been living with me full-time since. Their mother stayed overseas. I know there have to be others out there with similar situations. Maybe the 2020 census could help with deciding who gets the child stimulus checks? I don't know about this. It definitely makes it tricky.

[jaredtx2020]

Hopefully, they will address this type of situation and not just blow us off.  I just want what is fair......receiving money for children a person does not support is not fair.

[jaredtx2020]

There has been a follow up since 3-17-2020 that defines who will get what etc. Please update your information.

[jaredtx2020]

Myblast post about updating information was directed to xmasbaby

[xmasbaby0]

@jaredtx2020 Thanks for the blast.   Has the House passed the bill unbeknownst to me?  Has the President signed it?  I better start listening to the news more.

[jaredtx2020]

Meant to type last not blast.....not trying to start a chat war here...lol. I just think your original post is a little curt as was your reply. If you had seen the news this morning or read the news you may want to update your information. It's not my job to educate you but if you are going to make bold statements at least be ready to make a civil articulate response and not one of a teenage child.

[divorceddad]

Exactly! And my ex is refusing to pay child support (we're currently in a court battle about this). I'm already struggling to support our kids on my own. If she gets $1,000 for them when she refuses to send me money, it's just adding insult to injury. I really hope the government finds a way to get the money to the households where the kids CURRENTLY live. Basing payments on past tax info does not necessarily reflect what is happening in that household NOW.

[jdodge]

Wondering in a shared paremting situation how that works. I know I'm probably not seeing any stimulus money, however in a situation where shared parenting is the case and expenses are 50/50, it be nice to split that as well. 

[AmyC]

The senate has not yet voted on the newest package due to unemployment benefits. We are all just waiting. You can stay as up to date as us here, Coronavirus Tax Relief | Internal Revenue Service. Good luck!

[Kelwyoung]

Same here. Gained custody last month. He claimed kids last year. Now he is in jail! I take care of kids fulltime! He has no rights now. I have court order. Will he get the stimulus check for the kids? This is not fair as it is supposed to help the custodial parent in present times, as he has no rights now and i am the one who needs the help. He doesnt pay child support either! Where do i submit my proof of custody to? Because i guarantee youbhe will cash that check and me nor my kids will never see it!