If my child's father gets to claim our child every other year by court order but child lives with me the whole year how is father able to collect stimulus checks?

[BNC205]

I have full custody of child but court ordered to claim child only every other year. I received the 1st and 2nd but not 3rd. Is there any thing I can do since child lives with me and I didn't receive 3rd stimulus?

[macuser_22]

Custody has nothing to do with it.   It is who claims the dependent on the 2020 tax return.

[BNC205]

Ya custody would have something to do with it because... I have her ALL year he has visitation rights.. She does not reside with her father 6months out of the year! So yaa I see how that is fair or even right for a father to receive the stimulus money beings he doesn't have CUSTODY of her.

[BNC205]

Just because he gets to claim her every other year by court order doesn't mean he takes care of her full time as I do! 

[Hal_Al]

"In essence, the stimulus check acts as an advance of your 2020 income tax refund. This means when you prepare your 2020 income tax return, there will be a line to include the section 6428 credit (line 30 on the 2020 form 1040). The credit on your 2020 return is subtracted by any amount received as a stimulus check in 2020. If the amount you received as a stimulus check is less than the credit you are due, the difference will be included as part of your 2020 refund. If you have been overpaid by receiving the stimulus check, however, you will not be required to return any excess amount".

if you claimed the children in 2019 and got the first two stimulus checks, but the father is claiming the children on his 2020 return, he will also get the those two payments.  The third payment is an advance on the 2021 return.  If he managed to file his 2020 return early enough, he will get it instead of you.  The law directs the IRS to try to avoid duplicate $1400 payments.  But, if they occur, they will not have to be repaid.

[BNC205]

So he gets first two checks as well this I know. So when I do next year's taxes I will or won't be able to collect it like the father did with first two? 

[Hal_Al]

We don't know yet; probably not.

[macuser_22]

The current  law says who "claimed" the dependent in 2020 on the 2020 tax return  gets the 3rd stimulus.   Not who is the custodial parent.   The law does not talk about custody, only dependent claimed on a tax return.

Tax law is not necessarily fair.