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March 21, 2021How to split stimulus funds for dependents
Are you unsure how to split stimulus funds for dependents?
The news of a $1,400 stimulus for adults and children is providing some relief for many families across the nation. However, in the case of divorce, confusion over how co-parents should split stimulus funds for dependents is becoming a common point of contention.
As part of the recent American Rescue Plan Act, each dependent is set to receive $1,400. If you and your ex alternate which parent claims dependents each year, the stimulus money should be split. If you and your former spouse have one child, and take turns claiming the child for tax purposes, then the parent that receives the stimulus funds will pay the other $700.
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Does this change child support or alimony?
These funds do not negate any child support payments currently in place, and should not be deducted from child support or alimony payments. If the parent that receives the stimulus check is also the parent who pays child support, they will pay the same amount of child support, in addition to splitting the stimulus in half.
If your ex is refusing to share these funds equally there are actions you can take. First, your attorney may write a demand letter on behalf of their client. If the demand letter does not result in compliance, your attorney can file a motion with the court and ask a judge to order the division.
Recent Utah Court ruling
In a recent ruling, one Utah Court ruled to have stimulus funds placed in a trust, until the parents could agree on how to split the funds.
How Utah Courts decide to allocate the division the American Rescue Plan Act stimulus for dependents, will continue to evolve as new cases are presented before the courts. Which is why having an experienced family law attorney on your side is a worthwhile choice.
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