As part of the stimulus package passed into law to address the economic effects of the COVID-19 pandemic, checks of up to $1,200 for individuals, $2,400 for married couples and $500 per minor child are being issued by the federal government.
For already divorced couples, the minor child award is going to be sent to the parent who most recently claimed that minor child on their federal taxes. But what if that’s the parent who pays child support? Or that parent doesn’t provide primary care for the child? Shouldn’t that money go to the parent who has the child most of the time?
Those are all great questions. Right now, we are in uncharted territory. It is highly likely that Family Courts will consider motions regarding allocation of those checks, but it’s not something that’s going to happen quickly and there are no clear answers. Further, the future tax consequences for the receipt of that check should be allocated to the parent who received that check.
For parties in the middle of a divorce, it’s important that allocation of those funds be addressed in any final decree of divorce.
If you have questions about filing a motion for allocation of a stimulus check or how to address those stimulus funds in your decree, feel free to call the office or email firstname.lastname@example.org to schedule a Skype or FaceTime appointment.