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Does Child Custody Affect Who Gets the Stimulus Check?

On Behalf of | Jul 29, 2021 | Firm News |

Disputes can arise between divorced parents concerning child support and who gets to keep COVID-19 stimulus payments.

Families were hit hard during the COVID-19 pandemic. Stimulus payments sent out through the federal governments were designed to help in relieving financial pressures. However, for parents who are divorced and have a child custody and support order issued through the New Jersey courts, it may have created additional controversy. Find out which party is entitled to the stimulus check and how to resolve disputes that arise.

COVID-19 Stimulus Payments

While social distancing measures and the release of the vaccine have helped to bring COVID-19 case counts down and reopen our state, there are still lasting impacts many are experiencing. In addition to health concerns, the pandemic wreaked financial havoc on many families. Record numbers of people lost their jobs while others suffered dramatic drops in income.

To help ease the burden, the federal government initiated a series of COVID-19 economic impact payments:

  1. Through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, people making under $75,000 per year/$150,000 for married couples received a first round of checks totaling $1,200 per person and $500 for up to three dependents under the age of 16 in April of 2020.
  2. A second stimulus check was sent in December of that year, totaling $600 per person and up to $600 per dependent.
  3. A third economic relief payment was released under the American Rescue Plan Act in March and April of 2021. It provided up to $1,400 per person and the same amount for dependents, regardless of age.

Child Custody and Your Rights to Stimulus Payments

In determining who was entitled to stimulus payments and where checks or automatic deposits were directed, the government relied on your 2019 tax returns. Unfortunately, this could put divorced couples and those with child custody arrangements in place at a disadvantage:

  • Some couples may not have gotten divorced until after the 2019 tax season;
  • Even if they divorced prior, tax filings may not have reflected current child custody status;
  • Many couples alternate who gets to claim children on yearly tax returns. If this was your ‘off’ year, you may have missed out on their portion of the stimulus payment.

If your spouse received stimulus payments on behalf of your children and you are entitled to a share, it is important to reach out to our Freehold child support attorneys. We can send a letter to the other parent detailing your rights regarding these payments and warning them that if you have to return to the Monmouth County Family Court, they could be responsible for paying legal fees.

Contact Our Freehold NJ Child Support Attorneys Today

When disputes arise between you and the other parent regarding child custody and support, you can count on Lomurro Law to provide the trusted legal guidance you need. To request a consultation, give us a call or contact our Freehold, NJ child support attorneys online today.