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Stimulus Checks- Joint 50/50 Custody- Claiming Child Alternate Tax Years

The situation: Mom and Dad share joint 50/50 custody, and claim the child on alternate tax years. Based off of the 2019 tax filing, Mom received one $500 and one $600 stimulus check for the child dependent. In this situation, when Dad files the 2020 tax return claiming the child as a dependent, will he be allowed to get a duplicate of the $500 and $600 stimulus payments Mom received the prior year?

 

If yes, what is the procedure for Dad to obtain the payments? Wondering if this will be implemented in the tax software for 2020?

 

I have come across information in a few places suggesting this is allowable. I'd like to get a confirmation of the rules since tax season is approaching. Please advise.

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3 Replies
CatinaT1
Expert Alumni

Stimulus Checks- Joint 50/50 Custody- Claiming Child Alternate Tax Years

According to the IRS, parents who are not married and alternate claiming of a child dependent, "The parent who claimed their child on their 2019 return may have received an additional Economic Impact Payment for their qualifying child. When the parent who did not receive an additional payment files their 2020 tax return next year, they may be able to claim up to an additional $500 per-child amount on that return if they qualify to claim the child as their qualifying child for 2020."

 

This is referenced in the last paragraph under Claimed dependents are not eligible for an additional $500 payment in this article:  Why the economic impact payment amount could be different than anticipated

 

This will all be done by claiming the Rebate Recovery Credit on your 2020 return.

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Stimulus Checks- Joint 50/50 Custody- Claiming Child Alternate Tax Years

Hi My ex and I share custody of our two children, under 18, and each of us have the children approximately 50% of the time, with expenses split equally. However, my ex claims the children as his dependents every year and received the stimulus payment for them.  Can I submit on my taxes to also obtain the stimulus payment for my children?

ThomasM125
Expert Alumni

Stimulus Checks- Joint 50/50 Custody- Claiming Child Alternate Tax Years

@sblaughlin Only one person can qualify for a stimulus payment for your children. So, if your ex-spouse claims the children as his or her dependent, you will not qualify for a stimulus payment for them.

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