Question

Custodial parent who could not file taxes now can't get stimulus for her because ex filed her on his taxes without my permission

Forum|Forum|6 years ago
April 28, 2020
2 replies
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I have full custody of my daughter and have not made enough money to file taxes 2018 or 2019 therefore did not file taxes, the non custodial parent filed our daughter without my permission and is going to be able to get her stimulus too. How is this possible if I didnt allow it and since im full time custodian. He still owes arrears over 1000$ too . I do not want to get him in trouble with irs but the stimulus is the last draw

Not A Product Question

N

NCPERSON1

did you file as a non-flier?

my suggestion is to complete that registration, PRINT IT, and mail it in with the explanation you provided here.

The IRS will figure it out.

https://www.freefilefillableforms.com/#/fd/EconomicImpactPayment

I assume the child is under 17, otherwise there is no stimulus.

M

Momneedshelp911Author

I filed the nonfilers and they emailed me back and told me that my daughter's SSN had already been used, so I resubmitted it without her on it. She I only a year and a half old, the non custodial parent only had joint custody two months last year and I gained full custody of her. Also curious about the arrears he owes will it be taken out of any of his taxes since he owes quite a bit

Carl11_2

Employee

Hopefully, this will "cut through the chase".

Your stimulus payment is based on y our 2020 (twenty twenty) filing status. Now there's no way the IRS can know what that status will be until you file your 2020 return next year. Presently, the IRS has been using 2018 and 2019 tax returns as a guide so they can get the money out quicker.

So when folks file their 2020 tax return, that's when everyone will have to "ante up". So if you claim the dependent on your 2020 tax return that means the IRS owes you $500 and they'll pay it at that time. Either by reducing your tax liability or increasing your refund.

If someone claimed a dependent on their 2019 tax return (weather they qualified or not) that means they got the extra $500 for the dependent. So when they file the 2020 return and do not claim the dependent, they will have to pay the $500 back to the IRS at that time.

In your case, when you claim the dependent on your 2020 tax return, you will get the additional $500 for that dependent "at that time" and not before.

So the non-custodial parent is going to lose all the way around in the end.