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mommie4fun
New Member

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

 
16 Replies
xmasbaby0
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

The stimulus check is an advance on a credit you can receive on your 2020 tax return.  If something went wrong or you did not get the stimulus check this year, you can get it when you file your 2020 return in early 2021—if you are eligible.It will end up on line 30 of your 2020 Form 1040.

 

https://www.irs.gov/newsroom/economic-impact-payment-information-center-topic-j-reconciling-on-your-...

 

https://www.irs.gov/coronavirus/coronavirus-tax-relief-and-economic-impact-payments-for-individuals-...

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
NCperson
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

this is one of those 'crazy' situations of the stimulus program.

 

BOTH stimulus payments were an estimate based on 2018/2019 tax returns, but what REALLY matters is the 2020 tax return.  If you are owed stimulus, it will be reflected on the 2020 tax return; if you received too much stimulus, you don't have to return it. 

 

So your ex received the stimulus because he claimed the child on the 2019 tax return (and probably will receive the 2nd stimulus as well) .  But I assume you are claiming the child in the 2020 tax return which will create a tax credit on Line 30 (assuming you are eligible - most are). 

 

does that mean that the IRS will be paying out the stimulus twice on the same child and neither parent is required to return the excess? Yup! 

 

 

Critter-3
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

Dur to this *special* circumstance you really need to wait until the end of January at the earliest to file the return ... at that time you should be able to get BOTH stimulus payments  for the child  when you file the 2020 return and the program is set up to do so ... patience will reap it's own reward.  

SteamTrain
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

I yield ....perhaps being too critical..

 

 

*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
Critter-3
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

Nothing unethical ... both are based on the 2020 return and she will claim the child on the 2020 return.  

SteamTrain
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

Opinions vary:

 

"Ex" received the first stimulus, and will likely get the $600 going out early now too.   IF the Ex, does receive the second stimulus for that dependent, the Ex  should properly give the $600 to the current custodial parent...but that's between them.

 

Perhaps the IRS is tracking SS numbers  (Hope so) , and thus on the 2020 tax return, the Custodial spouse might get neither stimulus, even if he/she declares it was not received for that dependent on the tax form.  Then a supposed refund might be reduced by the IRS such that  both stimulus amounts, and a refund could even turn into an unexpected "balance due".

 

*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
NCperson
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

@SteamTrain - the law is very clear on this 

 

1) the PAYMENTS were based on the 2018/ 2019 tax returns

2) the 'true up' is based on the 2020 tax return

3) there is no obligation to return the stimulus if #1 exceeds #2 (look at the last line of the Line 30 worksheet).  That is specifically written into the law.  Therefore there can be no such thing as 'balance due'. 

 

that third bullet creates the situation where two non-married parents can each claim the child and not be obligated to return the stimulus. 

 

I am not sure where the opinion or an ethical dilemma lies as Congress passed a set of laws that creates this situation. Maybe they intended for that to occur? Regardless, that is what they did - and they chose not to close that loophole with the 2nd stimulus! 

SteamTrain
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

No.....I agree, perhaps the law allows the loophole...I just think it shouldn't exist...

 

Don't care it the first one issued early in 2019, exceeds what would be allowed when 2020 is actually filed, I just don't think that a dependent should be allowed to be used twice for the exact same stimulus by two (now) ex-spouses.

*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
NCperson
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

@SteamTrain I don't agree with it either, but that is how Congress passed the law.....

Critter-3
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

When one tries to please everyone there are bound to be some who will not be happy ... these stimulus payments are a slippery slope ... should have just been a credit on the return and not an advance but that would not have gotten it out fast enough for some.  

NCperson
Level 15

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

@Critter-3 - wait to we see all the complaints after January 15th...it took MONTHS for all the paper checks to go out in Stimulus #1 and now it has to occur in two weeks! 

Bagmanss
New Member

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

I have custody of my Grandson since August 2019. My sons stepmother claimed him for 2019 but I claim him 2020 and she took his stimulus money. How do I recover that ? I filed for 2020 but she may have filed before me and got his stimulus. 

CatinaT1
Expert Alumni

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

Have you already filed your 2020 return including your grandson as a dependent?  

 

For the first two stimulus payments, did you claim the Recovery Rebate Credit on your 2020 tax return?  The third payment will also be determined by your 2020 return.  If you do not receive the third payment, you will be able to recover it on your 2021 return.

  

In TurboTax Online, to claim the Recovery Rebate credit please do the following: 

  1. Sign into your account and continue from where you left off 

  2. Click on Federal in the left-hand column, then on Federal Review on the top of the screen 

  3. On the next page titled Let's make sure you got the right stimulus amount, click on Continue 

  4. Follow the interview 

  5. TurboTax will determine whether you are entitled to any additional stimulus 

  6. Any stimulus amount remaining due to you will show as a credit on line 30 of your form 1040. 

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kolschesky1
New Member

My ex claimed my son for tax return 2019, in our decree. He received the stimulus check for him. Will I get anything or what happens? I am the custodial parent

Does the divorce decree specify who is entitled to the exemption? If so follow it. Otherwise, who provides 50% or more support? You can still file as a head-of-household.

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