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Pro Legal Care LLC

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(815) 200-8802

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Second Stimulus Checks and Child Support

photo of man using a calculator and looking at a financial document

Many of our clients and readers have questions about the second round of stimulus checks and child support and how or if the money will be divided between co-parents. Important Note: We are not tax professionals. For tax questions related to how the second round of stimulus checks will affect you, please consult with your tax professional.

When will I get my check?

The Treasury is expected to act very quickly to get the checks into the hands of those who need them. Experts expect payments to start going out as early as next week.

How much will my check be?

The legislation includes a $600 payment for an adult – $1,200 for a married couple filing jointly – plus $600 per dependent child under the age of 17 at the end of the tax year. The bill uses the same definition of “child” as for the child tax credit. There is no cap on the number of children that qualify. Children over the age of 17 that are still dependents as well as adult dependents do not qualify for this round of stimulus payments.

The stimulus payment also includes a phaseout if you made more than $75,000 and several levels of reduction for those who reported making more than that. This, again, is based on your 2019 taxes. So if you reported a considerable income in 2019 but lost your job and have had no income for large portions of 2020, you will not be issued a check automatically. Consult your tax professional to see how this advance on the tax credit will affect your 2020 tax filing.

You can calculate your potential check amount at this Forbes link.

My ex got the last stimulus check? Will I get the second one?

Unlikely but possibly. The second round of stimulus checks is based on the same information as the first one – your 2019 tax return. The person who claimed the children on the 2019 tax return will be the person who gets the extra stimulus payment for the children when checks are issued. If your first check was based on 2018 tax return information because you had not yet filed in 2019, and you have since filed your 2019 taxes, this may change your stimulus check situation. Many divorced or separated parents claim the children on an even year/odd year rotation, as every-other is often considered the most fair way to rotate tax benefits. Nobody could have anticipated the global pandemic and the stimulus payments, so it’s unlikely that your existing parenting plan agreements could have prepared for such a unique situation.

Will my stimulus check be seized if I owe back child support?

Probably not, but possibly. Unlike the first round of stimulus checks under the CARES Act, the second piece of legislation specifically blocks the IRS from this. The bill says “no applicable payment shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law.”

This only prevents the seizure of this money prior to the money being deposited into your account or a check being issued to you. Once you have the money, this may not prevent a judge from ordering you to pay your outstanding support or judgment with the money. You should consult with an attorney about your specific situation in family court and consult with a tax professional to determine your specific tax situation.

One possible exception to this would be if you did not file a tax return for 2019 and do not receive the check. Because direct payments are technically an advance on a 2020 tax credit, if you file your 2020 taxes in the spring of 2021 and receive your payment at that time, the stimulus check amount will be lumped into your general tax refund, which can be seized for back child support.

If you are the parent who is owed backed child support, this means that you will not necessarily receive the seized amount as you normally would with a tax refund for the direct payment of the second stimulus check to your opposing party.

My new spouse’s first stimulus check was seized to pay my back child support. How do they get that money back?

One of the theories about why the second stimulus check does not allow for child support seizure is due to the fact that as many as 50,000 married couples were affected by a glitch in the first round of stimulus payments where a new spouse’s portion of the payment was seized along with the spouse who owed back child support.

If this affected your family, the IRS released directives on how to file Form 8379, Injured Spouse Allocation in order to recoup that money.

What if I have more kids now than I did on my 2019 tax return?

Your check will be based on the number of dependents on your 2019 tax return. If you have more dependents when you file your 2020 taxes, you’ll receive the direct payment for your additional dependents as part of your general tax refund in 2021. Again, please consult your tax professional.

What if I got divorced in 2020 or my divorce is still in progress?

As you likely already learned during the first round of economic impact payments, your stimulus payment is based entirely on your 2019 tax return. If you filed jointly in 2019, your payment will be deposited into the same bank account or your check will be mailed to the same address as your 2019 filing.

If you have access to the bank account that the stimulus is deposited into, but your ex or estranged spouse does not, please consult with your divorce attorney about your next steps before spending or moving the money. If you do not have access to the account and your ex does, your divorce attorney can also give you guidance about how to get your share of the stimulus payment.

If your divorce is not finalized yet, the division of stimulus funds will likely be part of larger financial settlement agreements that must be made regarding your shared property and finances. Make sure that your attorney is aware of all money that you expect from the stimulus payments or any deposits or checks that you’ve received.

If your divorce is already finalized, tax issues addressed in your marital settlement agreement may govern how the payments are allocated. If your agreement doesn’t address taxes, you may need a mediator or your attorney’s assistance to bring the matter before the judge for post-divorce judgment. Your legal fees may exceed the amount of the stimulus payment, so mutual agreement, compromise, or mediation may be better first steps than immediately rushing to court.

I want half of the stimulus payments for my kids. How do I get it?

Here’s the part where you really need to consult a tax professional. While many people are choosing to involve the court system to try to have their ex ordered to share the stimulus payments for the shared children, some experts believe that “double dipping” is possible.

According to this recent CNet article:

In situations like these, it’s possible that stimulus payments for dependents could be sent to one parent but not both parents. If that happens, the parent who did not receive the money can claim it on their 2020 tax return and receive it along with any refund due in 2021, according to Janet Holtzblatt, a senior fellow at the Urban-Brookings Tax Policy Center. “Double dipping,” in this instance, isn’t a glitch — both parents could technically qualify for the $600 payment (for a total payout from the US Treasury of $1,200 per child).

Your tax professional can provide further guidance for you.

If you cannot wait for the 2020 year tax filing for financial relief and have a good line of communication with your ex, talking about sharing the direct relief payment for the children may be an option – especially if you agreed to share the first one. In any case, a mutual agreement and compromise will be much more beneficial to both of you (and your children) than attempting to litigate the turnover of payments through the court system, especially considering that it will likely cost you far more in legal fees to bring the matter before the court than you are likely to recoup.

If you still have legal questions related to your divorce, custody, or child support situation, or if your family’s parenting plan needs to be revisited due to custody problems caused by the COVID-19 pandemic, please reach out to us to schedule a free initial consultation with one of our attorneys. Contact us online or call (815) 200-8802 today.

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Lisa Lovelace
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Zach is AMAZING! He cares about the client and most of all the children. Treats clients like family. Jeanie his assistant is so helpful and spot on. Zach is never late to court and always returns calls even on weekends. He is also reasonably priced. I can't recommend Pro Legal Care LLC enough for all your legal needs!!!!
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Zach is attentive, compassionate, and all around a great guy. He keeps an open line of communication and is very easy to contact. I'm very greatful for his hard work and will continue to use Zach as my family attorney.
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Zach is an amazing attorney, that goes above and beyond for his clients. I always refer him to family and friends.
Alison gratz
Alison gratz
16:15 30 Nov 16
I worked with Zach Townsend to obtain an order of protection for domestic abuse and won my case. My favorite part about this process as it was very emotionally confusing for me was that Zach was not only sensitive to my situation, but he helped prepare me for all the different scenarios that may transpire. I gave him explicit personal details and messages as evidence and we went through it together. He described to me what kind of questions I may be challenged with if I were to take the witness stand and how to respond honestly, but also knowing that those questions may not be in my favor and insensitive to me as a person and how not to destroy my credibility by becoming offended. He did role playing with me to show me what he meant. We determined different avenues to go about preparing evidence: messages, asking for video footage from where the incident took place, subpoenaing a witness, etc. to make sure we were organized and in the best place to win. He pulled my respondent into a conference before the trial to offer him a plea and he took it. I was able to walk away with a two year order of protection due to his representation and am very happy with his services. He also made me a copy of all documentation and e-mailed me my order to have an electronic copy with myself at all times and gave me more pointers on how to remain safe and what to do if the order is violated. I highly recommend him to anyone.
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Cherish Schwartz
20:21 05 Sep 16
Zachary Townsend has been my lawyer for over a year since I first met him asking for help. He will listen to the problems, review evidence thoroughly, give you the best advice he can & he will do everything possible in court so it's a fair hearing/trial. He is worth every penny hiring him. He keeps his clients updated on everything, he is always a phone call/text message away & he truly cares for his clients seeking justice. He in my opinion is the BEST lawyer you can have. Don't look any father if you need a lawyer, call him & set up an appointment if you're needing legal advice/representation for anything!!!
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Very helpful very organized and very satisfied.will use him again.ty
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Cecelia Hendrickson
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Attorney Zack is awesome.He handled a case for my son a few years ago.Hes kind,patient,a good listener .And a friend.He always treated us with respect.Always was available.I highly recommend Attorney Zack Townsend.
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Amanda Fitch
19:37 28 Mar 18
Attorney Davies with Pro Legal Care is dedicated to providing clients with outstanding representation. Attorney Davies is thorough, responsive, and effective. Not only did Attorney Davies save me time and money, but also achieved the best possible outcome for my case. I highly recommend Attorney Davies and Pro Legal Care!
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Brittney Walker
17:30 16 May 18
Zach Townsend has been easy to reach and when things are hitting the fan and he is right there making sure things are done right and very fair
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Raneem Shamseldin
22:40 25 May 18
Zachary has been my attorney for a variety of needs for over 5 years. He has always done a great job in my defense and given me the results I was looking for. Pro Legal Care is a great team and always puts clients first.
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Jeremy Petersen
17:51 22 Jul 18
I want to thank you Mr. Zack for helping me in my legal matter. I came from out of state and he did a great job with just one court appearance. I strongly recommend pro legal care and zack as a lawyer. He is very fair and affordable.
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23:08 14 Aug 18
I can not thank Zach enough for what he has done for me and bringing my son home I will forever be greatful I will always highly recommend Pro legal care and Zachary THANK YOU SO MUCH FOR BEING MY VOICE
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Jeffrey Titus
22:37 05 Sep 18
Zach is a great guy. Very smart. He can do just about anything
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Gabriella Gamoneda
17:59 02 Oct 18
I am beyond happy with the services both Zach and his assistant Mallory has provided to me! From my initial call to the office to this very moment, every step has been extremely professional, detail oriented, warm and at a VERY satisfying pace! Zach has been honest, transparent, informative, caring and very understanding. Aside from being an awesome attorney, he’s a stand up and relatable person. Definitely an attorney I am proud and confident to have represent any of my cases. Thank you so much Zach and Mallory!
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Cristian Mayer
17:49 09 Oct 18
Zach Townsend is an amazing lawyer i am glad I hired him to help me with my case
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Linda Gurley
17:36 13 Nov 18
Zak did a GREAT job with my divorcé and was very professional and very respectful. I would reccomend him to anyone looking for an attorney!
Lee Rodewald
Lee Rodewald
20:53 26 Nov 18
Zach is highly knowledgeable on wills. Would recommend to all.
Jared C
Jared C
15:36 27 Oct 18
Had an appointment scheduled the day after first call, and had an answer to my legal inquiries the same week. Thanks again!
Nathan Shugart
Nathan Shugart
15:58 06 Dec 18
Attorney Austin Davies is very knowledgeable, and can be trusted to represent your best interests as a client. I highly recommend him and Pro Legal Care!
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Brandon Swenson
18:44 10 Dec 18
Had great experience with Mr. Townsend got everything done in very professional manner.
domerchi1
domerchi1
17:37 18 Dec 18
Awesome service! Zachary and the team helped me out immensely when my father got sick and I had to take care of his legal problems while he was in the hospital. I was feeling overwhelmed, and they walked me through the process every step of the way. They really made sure my family was taken care of. I can’t say enough about well I was treated!
Shawn Hinrichs
Shawn Hinrichs
20:38 21 Dec 18
The Dynamic Duo, otherwise known as Zach and Austin, made my divorce so easy! Highly recommend these men for all your legal troubles.
Doug Shaw
Doug Shaw
20:57 27 Dec 18
Zach and his team were awesome to work with. He took time to explain everything, gave us realistic timeline expectations, communicated every step of the way, and never made us hound him for an answer. Other lawyers ignore you and make it hard to contact them, but Pro Legal Care's team communicates every step of the way and are there to answer all of your questions. Our adoption was done just as he said and met the timeline that he gave. Zach's knowledge of the legal world was exceptional and I would definitely recommend him and his team for your legal needs!
Geri Scharwath
Geri Scharwath
20:53 03 Jan 19
He is a great Attorney and I appreciate everything he did! He helped me very much and got me exactly what I wanted.
Amy Chatfield
Amy Chatfield
15:40 09 Jan 19
Zach and Austin are both incredibly knowledgable and compassionate. They were patient in answering all of my questions and aiding me in a time of need. It's very obvious that they are not motivated by cashing in on their clients. They genuinely care about each case and making sure their clients are informed. 10/10 highly recommend!
jason fox
jason fox
01:24 18 Jan 19
Great straight forward friendly professional service. From day one till the end was perfect. Thank you to everyone in the office.
Nate Gyllin
Nate Gyllin
22:45 18 Mar 19
Austin D., and Zach did a amazing time, with my case. Erin T. Always made sure I knew I had court. Very professional, , blunt and to the point. Would definitely recommend to anyone out there. Took the time to review my case and stepped up and took ahold of my situation. Thanks guys and Erin. Nate G.
Staszek M
Staszek M
21:35 22 Apr 19
Zachary really helped me out today. I really appreciate his professional expertise.
Julie Swenson-Nelson
Julie Swenson-Nelson
14:14 01 May 19
Had a great experience with Zack and his team. Very professional and courteous. Would definitely recommend!
Valerie Carlson
Valerie Carlson
16:27 05 May 19
Zach is a very skilled & knowledgeable lawyer. He is very attentive to his clients’ needs & counsels based on their best interests in accordance with the law. He is very professional & reliable! I would recommend anyone to him that is seeking advice on their case!
Tracie Drake
Tracie Drake
15:22 17 Jul 19
I hired Zach based on a recommendation and I was not disappointed. While my custody case did last much longer than I would have liked I do realize that he only had so much control over that, and opposing counsel was a royal pain in the butt who caused most of the wasted time. He absolutely did his best to advocate for my son and I to achieve not only majority parenting time, but also to set boundaries that protect us from potential loopholes that could have been a major headache. He and his staff responded in a timely manner, answered when I needed them most, and pushed harder when things were getting too out of hand. I cannot thank Zach and his team enough (Erin I’m looking at you!) because they really did make my year. Thank you, thank you, thank you! I hope this review can help the next person looking for help and answers.
Bradley Cavins
Bradley Cavins
17:09 24 Jul 19
They were very helpful and knowledgeable. I’m thankful I found Zachary Townsend. Also, Erin was very helpful and always kept be updated.
Kelsi Getty
Kelsi Getty
21:49 01 Aug 19
Attorney Townsend is a wonderful attorney! Made my divorce quick and relatively painless, and put everything in language I could easily understand. 10/10 would recommend!
Annette Jennings
Annette Jennings
15:02 06 Aug 19
Mr. Townsend is very knowledgeable and friendly, would recommend to anyone for legal services.
Vernicka Williams
Vernicka Williams
16:50 07 Aug 19
Mr. Townsend Attorney helped me get the answered i needed to some important questions he was very respectful and knowledgable about my questiins i am very satisfied with his services and would recommend him at any given momnent for all legal issues
Jesse Fulmer
Jesse Fulmer
19:45 07 Aug 19
Great guy grew up with him helped me with a problem on his own time very much appreciated and very much recommend
JessicaN
JessicaN
13:27 23 Sep 19
Attorney Townsend and his team were consummate professionals. I was very satisfied with the high level of attention, care and respect I received from everyone in the office. I highly recommend their services.
Elizabeth Swanson
Elizabeth Swanson
15:39 15 Oct 19
I cant say enough awesome things about attorney townsend. He got me everything I wanted to my daughter. I cant say thank you enough zach.
Jessie Anderson
Jessie Anderson
15:05 08 Oct 19
Zach helped me to keep my kids safe! Very thankful
Matthew Burns
Matthew Burns
16:43 08 Nov 19
Zach and his firm are the only people I would ever trust to take care of myself and my family. When my father had his stroke he had every financial crisis you could think of. Zach walked me through everything and made the best of an incredibly overwhelming situation. If you need an attorney, you’ll be happy you called
Miss Stein
Miss Stein
20:34 26 Nov 19
He has helped our Fence company with all of our business matters, would recommend to anyone! Thanks Zachary!
ALVARO Ramirez
ALVARO Ramirez
20:37 26 Nov 19
Best lawyers in town outstanding people to work with totally worth it
becky woodrow
becky woodrow
22:41 14 Apr 20
If your in need of Legal Services, please give them a call. I can't boast enough about how wonderful their entire team is. From the front line to behind the scenes every single team member was so awesome. Keri Johnson represented me with a extremely delicate situation and she was amazing. She is very knowledgeable, personable and dedicated! She handled my case with professionalism and understanding. I can't boast enough about her and the entire team! Seriously check them out, if you ever find yourself in need of Legal Services, you won't regret it!
Camille Heilman
Camille Heilman
17:17 30 May 20
Thank you Pro Legal for all you help and being my eyes, ears and support system through one the most difficult season of my life. Zachary you helped save my life. You and your team are angels from above!!!
Tom Gilman
Tom Gilman
23:55 10 Jun 20
My wife and I were finally able to make our dreams of being parents come true of adopting a child. Zachary Townsend was there every step of the way and made it a very painless process!! If I ever get the opportunity to adopt again Zachary will be my first choice of attorneys!!
John Martelin
John Martelin
17:45 16 Jun 20
I found attorneys Townsend and Johnson to both be very good and very professional. I worked more with Attorney Johnson in my case and I would even go as far to say that she was exceptional in the quality of her work. I’m very happy with the services they provided, as well as the outcome.
Yousif Qayssar
Yousif Qayssar
16:46 16 Jun 20
attorney townsend was good for me. good for my children. good for my family. If you got issues call towsend. very helpful.
Jacob Prouty
Jacob Prouty
21:47 03 Jul 20
Zachery townsend is a amazing lawyer, he deffinetly values his costumers and gets the job done efficiently and fast with amazing reaults.
Mrs Hickman
Mrs Hickman
01:02 01 Sep 20
Townsend and the entire firm rock. You will be very pleased with the service. Professional, understanding, efficient, calming, confident, and patient. I was pleased with the outcome. I felt like the whole team put themselves in my shoes. It was genuine heartfelt. Any doubts I had in the beginning were always reassured. Divorce matter quick & smooth. Very outstanding. Highly recommended! Zachary Townsend is great!
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