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Will I Still Get a Stimulus Check if I am Going Through a Divorce?

As a result of the new coronavirus pandemic significantly impacting businesses and employees across the country, Congress has enacted the CARES Act. As a part of the Act, many adults can now expect a $1,200 stimulus check, and couples can receive up to $2,400 in stimulus relief. Furthermore, parents with minor children under the age of 17 at the end of the tax year can receive an additional $500 per child. However, if you are someone who is either going through a divorce or has already been divorced, you are most likely wondering how your stimulus check may be affected. Please continue reading and reach out to our experienced New Jersey family law attorney to learn more. Here are some of the questions you may have:

Who gets the stimulus check if I am in a pending divorce?

If you are counting on a stimulus check, you should first look at your most recent tax returns. Generally, the check will go to the bank account last provided to the IRS on the return. If, however, you filed your tax return jointly with your spouse, you should both be entitled to half of the check. That being said, in certain cases, you will have to hire an experienced divorce attorney to help you recover the portion of the check of which you are entitled.

Will child custody or child support affect who receives the stimulus check?

If you are the one who filed as head of the household on your most recent tax return, you will be the one who receives the stimulus check. That being said, if you filed jointly with your former spouse and your child or children are listed as minors, the person who filed as head of the household on the recent tax return will receive the stimulus check for the family. However, if you and your former spouse filed jointly and your child is listed as a minor and your custody arrangement changed since filing, you may need an experienced family law attorney on your side.

Though the virus has drastically affected many aspects of our lives, you should note that child support agencies are still required by law to report any support payments that are past-due. If you are not up-to-date with your child support payments, there is a chance that the state may intercept your stimulus check and turn it over to your child’s custodial parent.

Contact our experienced Ocean City firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.