2020 Stimulus check

We separated last December but still haven’t been able to reach a separation agreement. He is saying he’s not giving me 50% of the stimulus check because his percentage of the child support worksheet is 68%. He says he made more money during the year; that I cannot have it both ways and claim 50% of the stimulus but only pay 32% of the child support. Is he justified in doing this? Unfortunately the check will go the checking account he kept that is associated with our 2018 tax refund, so I won’t be able to access it.

The stimulus money should be divided equally between the spouses.

Your husband does not have a strong argument given the fact that the stimulus money is intended for adults too, not just for child support purposes, and it is not income but an advance on a tax credit.

Fortunately for you, equitable distribution has not been resolved, so even if he keeps all of the stimulus money, you will likely be able to negotiate back your 50% and/or have a court order that he pay you 50% of the total.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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