I got divorced this year and then remarried. I have sole legal custody of 2 children that I got out of Foster care. My ex husband has no rights, no custody, no legal claim to them at all. However the advance child tax credit went 1st into his bank account and I changed the information when allowed on the portal and put my bank account info on there. But they still split it and he still continued to get half of it. When I'm claiming the child tax credit on my taxes this year will. The IRS give me the money that was rightfully for my children? How do I go about getting the $5400 that wrongfully went to my ex (I only got $1800 total). And since he didnt forward the money to me will he get in any trouble (cause come on, he stole from kids!). Also is it gonna red flag my taxes and will they get held up because of any of this?
Oh, and he also kept 100% of the 3rd stimulus check. $5600 went to his account. $4200 was mine and the kids but he kept it too......
For the child tax credit, you will get the amount allowed for each dependent on your tax return for the year, less the amount that you, personally, was credited as having received. The amount that your former spouse is credited as having received will not affect your child tax credit. That may result in more money being sent to the two of you than what you would normally be entitled to.
You can't do anything to get a refund of money that wrongfully went to your spouse, but you will get the full amount of the credit, less what the IRS credited to you having received.
I'm not sure if he will get in trouble for what happened here, but he may have to pay back some of the advanced credit to the IRS, depending on his income.
Your tax refund may be delayed because of the situation with your advance child tax credit.