I filed my daughter this year for 2020, however, my eligibility status states that it is still pending and I do not qualify for the ATC. Does this mean I will not be getting the monthly payments? Also, he father filed her on his 2019 taxes without my permission and has received all of the previous stimulus for her. Is there a possibility that he will receive the ATC if he did not file her for 2020 but she is showing up as being filed for 2019? My 2019 taxes are still being processed as I had to mail them in to claim my daughter for 2019.
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A few things, unfortunately you will not receive the advance CTC payments until the IRS is able to confirm your eligibility. The IRS might use your 2020 return to decide, but might be holding until that 2019 one is processed.
If your ex-spouse is receiving the payments and shouldn't be, then this will be reconciled on their 2021 taxes (filed 2022). Just like if you don't receive the payment and you are eligible you also can receive the credit on your taxes. You can also check your eligibility and check to see if you are enrolled in payments at the IRS portal https://www.irs.gov/childtaxcredit2021. Later this summer, you will even be able to update your dependent information.
Remember though there are income thresholds for the Advanced child tax credit just like there are for the child tax credit.
The thresholds are higher for the new credit.
To claim your child as your dependent, your child must meet either the qualifying child test or the qualifying relative test: To meet the qualifying child test, your child must be younger than you and either younger than 19 years old or be a "student" younger than 24 years old as of the end of the calendar year.
Your eligibility status is probably based on 2019 and not 2020 since your record with the IRS has not been updated. You will need to either update your information on the IRS portal or reconcile the amount on your 2021 tax return in 2022.
https://www.irs.gov/credits-deductions/child-tax-credit-update-portal
There is a possibility he may receive the payments. Please contact the IRS to let them know the status of your daughter. The IRS can only adjust payments based on legal custody.
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