How do I get reimbursed for my daughter's stimulus check that was wrongfully given to her previous guardians?

[Crystalb81]

I had custody of my daughter restored in august of 2019, but because her grandparents claimed her for that year, they received all of her stimulus checks, including the third stimulus check.  How do I get those back?

[Critter-3]

The stimulus credit for the first 2 checks is on the 2020 return line 30 of the form 1040 so if you claimed her on the 2020 return you should have gotten it.   Then to get the third stimulus payment you need to file a 2021 return with the qualifying child listed on the return.   It is just that simple.

[Opus 17]

Round 1 and round 2 are claimed on your 2020 tax return.  If you did not claim your child as a dependent in 2020, you aren’t entitled to those stimulus payments.  If you believe you were entitled to claim your child for 2020, you can file an amended return, but that will trigger an IRS investigation of both you and the grandparents and whoever is found to be wrong will have to repay all tax benefits for the dependent with interest and possibly a penalty.  

If you claim the child on your 2021 return, you will receive the round 3 stimulus even if the grandparents were already sent an advance check.  The grandparents will not have to repay the advance check if they got one.  

[Crystalb81]

I did claim her on my 2020 return. However, the stimulus payments were given out BEFORE the IRS had begun to process the 2020 tax returns, therefore her former guardians received it. I still have not received my 2020 tax refund, therefore am not able get all of that cleared up. So I am still due all 3 stimulus checks for her because they went to the previous guardians. That’s why I am asking. When I filed my taxes it did not say I was entitled to the recovery rebate credit for her. 

[VolvoGirl]

If you claimed her on your 2020 return then you should have gotten the first 2 Stimulus payments for her on your 1040 line 30 for the Recovery rebate credit.   Do you have an amount on line 30?   Unless you don't qualify for it because your income is too high.   It should be included in your refund.  

[Crystalb81]

There was not a line for that when I filed my taxes in the beginning of February 

[Opus 17]

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@Crystalb81 wrote:

There was not a line for that when I filed my taxes in the beginning of February 

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Yes, there was.  You could not have filed without either reviewing or skipping the question.  After the federal review and before transferring to the state module, Turbotax told you how much stimulus you qualified for based on your filing status and dependents, and asked how much you already received.  If you already received the max, you would not claim any more, but if you received less than the max, the extra would have been claimed on form 1040, line 30.

Print a copy of the form 1040 you filed and review line 30.  Also check the front page to see if your child is listed as a dependent, and if the "child tax credit" box is checked next to their name. 

[VolvoGirl]

And actually if you filed early the opposite happened.   People didn't understand the Turbo Tax questions so they ended up claiming the Stimulus payment again on line 30 when they already got them.  So the IRS reduced a lot of refunds.