Hey ladies, I’m just wondering if anyone has been or is going through the same thing, any advice and tips are welcome! My kids dad and I are legally still married and we separated around June 20 of last year. That we were together about 5 1/2 months of the year. I was a stay at home mom. Since we have separated I have had the kids full time, he got them every other weekend for a little while, and now I have them 100% of the time and he also pays no support. At one point, he was ordered to pay support, and he is still behind on that, but later on, child support was dropped. Child support was always direct pay; it was never through child support enforcement. I was just giving you a little backstory on everything. The issue is the claimed our children on his 2021 taxes, he claimed their stimulus checks on his taxes, and since he already filed for 2021, I know the very last $1400 each stimulus was sent to him as well; my question is does that belong to me since I had the kids?! Is there anything I could do legally about it? Thanks for any advice, mommas!
Your best bet would be asking a judge. He may have to split the stimulus. Taxes you need to discuss in your divorce decree. Some parents switch years. Some mom claims every year. You need it in writing.
Unfortunately, being married legally still… he has a right to claim the kids. This is something that needs to go through court with the divorce. A judge may be nice and award him to pay you half, but to cover yourself with all of the advanced credits coming up you may want to take action asap.
If you are not employed and still married you will have a very hard time fighting this. Do you have a legal separation from the judge? These tax issues would have been spelled out in that document also. Until then you have to wait for a divorce decree to state who will claim the children and when. But if you’re unemployed then you wouldn’t be filing taxes. And it would makes sense for him to claim them. But he should be giving you some of that money. Even out of human decency he should be giving you money.
You need to file for a divorce and request he amend his taxes where he claims you too and you split the money you get back. My ex has to do when we got divorced.
Get a bulldog lawyer
He might have to at least split it. Since he’s already gotten it and most likely spent it and you’re not divorced yet it can be thrown into the divorce but good luck actually seeing a dime. My ex sold our 2 vehicles before the divorce and he was ordered to pay me half of what they were blue booked but that was 6 years ago.
Why was child support dropped? That makes no sense.
I’m going through the same thing. I have filed for child support and put in writing to the judge to stop him from claiming them. Still waiting on a court date since January. No one seems to be able to give me any answers. He is receiving money he shouldn’t have.Good luck trying to talk to anyone with the IRS I’ve tried several times and no luck.
I hate to put it bluntly but you got screwed. Even in court they’re not going to order he give that to you. Try talking to him, maybe he will be willing to buy some stuff for the kids. You need to start child support, have it enforced. Go to court, get the divorce and custody at least started. As far as the stimulus $$, I think you’re outta luck.
You mean he claimed them on his 2020 taxes. 2021 isn’t over yet. I’m not understanding why child support was dropped. Did you drop it? Or did custody, income change? I’d go back to court for custody. This time have it go through enforcement so his non-payment is documented. Ask at that time for the stimulus & tax child tax credit for 2020 & the monthly 1 that starts in July. Have those amounts tacked into his child support so it’s documented & enforced. Never accept child support directly from him. It becomes a he said she said. You’re easily screwed. (Example. My ex took a receipt for diapers, wipes, clothing & food to CSE. He claimed that was in place of child support. I got 1 box of diapers. None of the other things on his receipt. Luckily for me she said anything paid outside of courts were gifts & not considered child support. If we had direct pay it could’ve worked.)
My ex is $19,000 behind in support but he claimed one of our children on his 2019 taxes so he got the first two stimulus for that child. Then judge ordered I get to claim both children until they age out, so since I claimed for 2020, I got the last stimulus. They won’t give me the first two because of how the children were claimed on the taxes. Also, my understanding is the first two could not be taken for child support or back support. But the third one could.
By the time you take him back to court for actual court ordered child support it would likely just go into the backpay he owes. However he can request joint custody and not even have to pay child support at all if he gets his way in court. I hope you’re documenting everything because that helps tremendously in court versus he say/she say stuff!
I had to go to court, it was split with me along with the custody and child support hearing
When you file your taxes it will ask if you received the stimulus and they will include it in your refund.
Get an attorney and file for divorce NOW. Fight for clearly outlined child support and visitation. It can also be put in your court documentation who gets to claim the kids.
If they live with you, you need to take him to court. Get divorced and then in the divorce paperwork the judge will rule on your favor for child supports if the kids reside with you. There isn’t a judge out there that would not force him to pay support in that case. Go through child support enforcement to collect it as you will get screwed letting him pay directly plus if he owes child support they will take his income tax and give it to you. In the divorce you can also request you get to claim the kids on your income taxes. I did and it worked.
For those saying he is entitled to half… How? Its FOR THE KIDS and where they have been! He ain’t financially helped nor spent time with them. How does he “get half” for being a deadbeat! If his amount is in there give him his but the rest should be hers 
I’m still legally married but separated. We have a joint bank account in which the stimulus went to. I got my share and I left him his which was the 1400…I got my 1400 plus the kids… of you got a paper check then both of you all names should’ve been on there and he can’t cash it without you being present. But once the irs puts up the portal to change information such as direct deposit and such go and change your information.
This is something that will definitely require a lawyer, and the sooner the better. The bad part is it may cost you all the stimulus money just to get the lawyer. But the way I would look at it is I would rather the lawyer get that money than the ex. lol
I’ve been dealing with this issue as well. My ex and I claim our daughter every other year. I’ve long thought that he shouldn’t be able to do that but wasn’t worth the court battle or legal fees. He is now not only getting the $1400 but also the $300 a month when they roll that out and that’s where my problem lies. He pays support but childcare and medical expenses aren’t included in that. He hasn’t paid me a dime for childcare in 4 years or helped with the orthodontist, etc. I’m now paying extra for childcare because of homeschool but he won’t give me a dime. He flat out refuses to give me any of the $300 monthly. He sees her rarely so it’s not like he has any expenses for her really. My first stop is the accountant but from the research I’ve done it seems I’m screwed for the most part. I’ve seen that it’s possible the IRS will somehow try to address this issue though I don’t know how. It’s very very flawed and I’m not sure there’s much to be done unfortunately.
Goodluck my friend is going through this and child support basically said shes screwed.
I know that once a court order is established the primary parent (the one the child(ren) lives with) has the sole right to claim them on taxes so I’m the only one who claims my daughter. It was confirmed with my attorney. 
I’d definitely re-file for child support and go to court!
If you file taxes and claim your child they will put it under investigation but also stall your return. If you have proof of custody and you are her primary residence…weeeellll you just might make his life miserable! Speaking from experience…
When I filed my taxes for 2020, I was able to get the first 2 stimulus checks. (I did not claim them last year on my taxes.) TurboTax asked if I received the stimulus checks and how much. So I was granted the other amount that I did not receive with my taxes.
I have no idea if that messed up my boyfriends or not seeing he still got his taxes this year. So if you haven’t filed your taxes yet. I would and claim the kids. Have proof you had them all year around.
When u file ur taxes tell ur tax person that he filed them even tho u have them and see what they can do.
When you file taxes at the end of this year which I assume you will be working and doing so then you’ll have to tell them that you did not receive it they’ll add it onto your taxes even if the other parent did I got my kids first two on my 2020 taxes because they didn’t come to me as someone else had Carried them.
You need an order laying out which parent claims the kids each year. He got the money because he claimed them.
Fyi.i paid a tax lady just a month ago to file papers for the stimulus checks that we have never received from the get go.i found out that my ex claimed her so that scratched her now waiting to see if he claimed me too. Yes we’re still legally married but been separated for 6 years I’m now being told there isn’t anything I can do
4 God’s sake take ur legal matters thru the court system. Do not depend on his word!
There is double dipping allowed for split parents. When you file your 2020 return and claim you children, it will ask you how much of the stimulus you received. If you got zero, it will give you what you are due on your tax return as a Recovery Rebate Credit.
This is how it should work for the $1400 stimulus as well for when you file your 2021 taxes (around this time next year).
You should have used the non filer tool. Just for future reference.
Yes you should get the stimulus. File with the IRS about it
Yes there is. There is something in place for these situations and they will reimburse you every stimulus payment that’s gone out, for each child. I’m sorry that I don’t remember the name of it but a friend did it and she received the check.
Did you claim your child when you filed your taxes? If he got a stimulus for the child that means he claimed the child. If he is not living with you or supporting both of you, he shouldn’t be claiming you or your child.
You need to take it to court and request child support and those stimulus checks for yourself and your children.
How are YOU feeding and housing these children if you were a stay at home mom?? Are you providing the financial support for these children if you have them full time?? He should claim your kids since he was the working parent making the taxable income and at the present time you are going through this separation it will still go to him. Honestly he should get it.
This happened to me! In process of divorce and my ex got stimulus for both of our kids and I was the one that claimed them on taxes. I have yet to get it resolved, pissed is an understatement. My ex never helps or sees them, I desperately needed that money for bills. Ugh
You can contact IRS and submit prof that the children are 100 in your custody and that dad has not contact also if he did not have them for a minimum of six month he can’t claim them in his taxes either way if you would or if you do have a current child support enforcement order and if he is behind they would have taken the money and sent it to you … that being said you need to go to court and file a motion to modify of change of circumstances to get in front of a judge express that you are you alone have had custody and supported the children and that ex / dad took their stimulus assistance for the children and did not help or use that money to support them in any way and ask the court to have him direct that money back to you so you can use that for your children which was the exact reason the money was sent !! To support those children need which is not happeneing
It doesn’t matter. It’s whoever claimed them will get the stimulus check. Outside of that there is nothing you can do. NOTHING. if you took it to court it would cost more than 1400. Unfortunately you guys are still married or was at the time.
If you contact the IRS THERE IS NOTHING THEY CAN DO! it’s the first one who files taxes that receive it. Period
Any other questions?
I’m sure he could get in trouble and I was you I will would tu n him in for sure he needs to learn that it’s nit ok to do illegal things u deserve that money cause u have them
Should say on court documents who/how the children are claimed on taxes. If he didn’t follow it report him to the IRS!!!
If the kid are with you more then 5 months within the year you are to claim them but marriage can be different
If you’re still legally married and have no court papers that say he couldn’t do so, no, nothing you can do