Due to the economic crisis caused by the Coronavirus outbreak, the government passed and signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act). This was done to provide assistance to the public through a $2 trillion stimulus package. The size of the check is determined by the government based on the adjusted gross income listed on the individual’s most recent tax returns. Most adults can expect a one time payment of $1200 while couples can receive up to $2400. Couples with children under 17 at the end of the tax year can receive $500 per child. This can raise several different questions for families of divorce. Continue reading below to learn more.
If I Have a Pending Divorce Case, Who Gets the Stimulus Check?
Individuals who are currently going through a divorce can expect their stimulus check to go to the bank account that was listed on their most recent tax return. If an individual’s latest tax return was filed jointly with their spouse, they may need the assistance of a New Jersey divorce attorney to discover what their options are.
How Can Child Custody or Support be Impacted?
As a result of COVID-19, many people are experiencing financial hardships. This can lead many to ask where the check may go once it is sent out. It is important to know that the individual who filed as head of household on the couple’s most recent tax return will receive the check. If the couple filed jointly and their child is listed as a minor, or their custody arrangement changed since the tax return was filed, a family law attorney should be contacted.
During this time, normal federal rules when it comes to child support are still in effect. This requires child support agencies to report all past-due payments. If a parent does not keep up with their payments, it is possible for their stimulus check to be intercepted by the state to be used towards their outstanding child support balance.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.
