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Will My Stimulus Checks Affect Alimony or Child Support?

Just this month, the Biden administration is discussing the possibility of a third round of stimulus checks for eligible Americans. In addition to the previous two rounds of stimulus checks, this government support can help offer relief to those in need during the COVID-19 pandemic. However, you might be wondering, will my stimulus checks affect my alimony payments or increase my expected child support payments?

Basis for Alimony Modification

The additional stimulus payments may be a basis for alimony modifications. However, any compensation changes from the stimulus checks may be minimal. It can be tricky to navigate as each party needs to notify their lawyer and the courts that there’s been an adjustment in their pay and compensation.

However, if you or your ex-spouse were on furlough or laid off recently, you absolutely should pursue a modification of alimony or child support. One way to be most transparent moving forward about income changes is to ensure you swap pay stubs with the court and share this information with one another.

If I’m Behind on My Child Support Payments, Will I Still Receive My Stimulus Checks?

The current CARES Act does suspend certain debts, including student loans and back taxes, but it does not cover delinquent child support payments. There is a chance that your stimulus payments could be held from you and used instead to cover and pay for your overdue child support payments. This may happen on a case-by-case basis. If you’re affected by this, we recommend that you speak to a lawyer to help. Federal law will determine if they believe your stimulus payment needs to be deferred to pay for child support.

Who Will Receive My Child’s Stimulus Check?

Depending on how you filed your taxes in 2018 and 2019, the parents who filed their children as their dependents will most likely receive your child’s stimulus check. However, if one of you filed them as a dependent in 2018, and the other filed in 2019, there’s a chance you both may receive some compensation for your child’s stimulus payments. In addition, courts are taking into consideration who currently has custody of your child, if one of you has sole custody, or if you have shared custody. Any of these payments for your child should be reported to your lawyer and the courts to ensure fair and equitable compensation for your child.

If you have questions and would like to speak to one of our lawyers today, please contact us. Our offices are open, and we’re looking forward to hearing from you.

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