Child Tax Credit by the IRS & Divorce
Q.I am recently divorced, as of June 30th. The court awarded me all four children for tax purposes even though they live with my ex. My ex received a child tax credit check in the amount of $1,600 made out to both of us. She refuses to sign the check over to me unless she gets half of the money. My attorney states that I am to get these funds, since it is an advance on the 2003 tax return. I have read something on the IRS website that there is a provision that the money is split between both parties if we filed a joint 2002 return; however, I called the IRS and the representative told me to take my ex to civil court for the money. Now I am really confused.
A.If you have to, take her to court. Never mind what it costs. If she is anything like my ex, she will play these games over and over and over - every chance she gets. SHe is the proverbial "camel". One she gets away with an inch, she will try for a mile. (If she is like my ex). If she is in violation of the court order, then ask the judge to award you "costs" on top of the money in dispute. Perhaps if you get a decent judge s/he will do so, and your ex can learn what it is like to violate an order with force of law. Once her bills start to pile up, perhaps she will think twice about jacking you around. It would appear that the IRS can probably solve this for you. If you can return the check, great. If she refuses to even return it, there is one final stop. The IRS said nothing about a lost or misplaced check. Can you request that it be stopped and credited back to your account? Then you can follow the steps they outlined and get the credit on your 2003 filing. The other thing to learn is when the expiration date on that check is. If you won't endorse and and she can't cash it either, when will it expire? Then you can ask for the same recrediting to your 2003 account.
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