Where is my stimulus payment?

Written on January 15, 2021

It was recently announced that a third stimulus payment may be on the way. While this money can be very helpful it can also be very confusing if you are separated or going through a divorce.

The first two stimulus payments were paid out based on your 2019 tax returns. And, more importantly, the stimulus money may have been deposited into the same account you used for your 2019 tax return; this can create issues if you or your ex-spouse now control that account. Following are some ways to fix these issues and try to avoid them in the future:

  • File your 2020 taxes as soon as you can. The stimulus payments are based on the most recent tax filings. So, if you are able to file your 2020 taxes prior to the issuance of the next round of stimulus payments it may ensure that your stimulus payment goes to you.
  • If your spouse received the full stimulus payments but will not give you your share, you may have options:
    • If you are not yet divorced, the court can divide those stimulus payments in the final divorce trial or even in a temporary support hearing. While you may have to wait to get your money, you will be able to get it.
    • If you are divorced, you will need to review your divorce order. Most divorce orders contain language about what do about tax issues that occurred during the marriage but arise after the divorce—the stimulus payments could be construed to be one of these issues

Frequently a request for the stimulus money will be enough to get the ball rolling. But, if that does not work, contact us today for a free initial phone consultation. You can schedule a time to speak with an attorney directly on our website at www.melonelawpc.com/contact or call one of our offices 703-995-9900 in Reston or 757-296-0580 in Virginia Beach.

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