Stimulus checks arrived in accounts this past weekend and officially arrive in accounts today, March 17, 2021. Even if you took steps to file a 2020 tax return and indicated a different account for direct deposit, you still may not receive your stimulus check in the newly elected account.
What can I do to force my spouse, whom I am currently separated from, to hand over my stimulus?
You are entitled to the portion of any stimulus directly related to you. If your spouse chooses not to give your stimulus to you, then you must request a court to order your spouse to do so.
In all likelihood, a spouse from whom you are separated from will spend your portion before a judge can make an order. This means you need to use the rules of “discovery” to acquire and provide evidence to a judge in order for you to receive credit for the amount spent by your spouse.
Through this process called “discovery”, financial documents relevant to the situation are attained from your spouse for you and your attorney to review and analyze. This is done to ensure that any money from the stimulus that was spent after your separation can be used as evidence to prove your claims to the court.
If, at the end of the custody suit or divorce, a court decides you do not owe the other party: a.) any money for child support or, b.) for the amount of assets you received or did not receive, then this amount of credit (the stimulus amount sent in your name) will be in a judgment. You may use this judgment against your spouse in the event the stimulus amount is not paid by your spouse after the divorce is finalized.
What about the stimulus money given to our child(ren)? Am I entitled to any of it?
For the parents who have a court order: The parent possessing the children more than 50% of the time has the right to keep or spend the stimulus funds deposited in the children’s name. Parents who have custody of the children via a “standard order” (i.e. every other weekend and during a month out of the summer) do not have the right to spend the stimulus funds because they possess the children less than 50% of the time.
For the parents currently separated without a court order: The same rule mentioned above applies. A judge decides if the stimulus funds were used for anything outside of the care of the children or for the reimbursement of childcare. Any amount not used in these ways will go to the parent who possessed the child or children for more time.
When will I be able to access my stimulus money?
Your best bet is to talk it out with your spouse if you want your stimulus money now. If your spouse refuses to cooperate, you need to pursue legal action in order to properly obtain the money. Keep track of all your financial records and prepare yourself for what is more than likely going to be a contested divorce.
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