Ex-spouse took Stimulus Check
I was divorced 8/20/19 and stimulus check was sent to our joint checking account (that was closed). The check was returned and mailed to my ex-husband, in his name solely, in the amount of $2,900. We filed taxes jointly in 2018 with one dependent child. The IRS confirmed the check amount sent and I am entitled to $1,450. He will not pay me unless he gets authorization to do this because the check is in ‘his’ name only. I received my second stimulus since I filed my 2019 taxes single. Is there anything I can do to report him and recover my portion of this check $1,450? Is taking him to court the only remedy? This is theft and I’m frustrated with no direction to take. I listen to your program in Chicago and would like any options I can pursue besides court.
Thank you very much, Deborah
Terry Says
My contact at the IRS just got back to me and said this:
Not sure what her best course of action is here. It sounds like whatever was issued was based on the 2018 return, which apparently was filed jointly. Not sure why it would have been issued in only one name. She could certainly try the lost/stolen refund procedure—Form 3911
But I have a better idea. Send him a registered letter saying that by keeping this money he is committing tax fraud, which is a Federal offense. Let him know that since YOU signed the tax return on which the payment is based, you are entitled to the money under law not him. There is an easy way to report tax fraud to the IRS.
And add that Terry Savage told you she wants to write a story about this, because this is not the first time this has happened to people.
I am printing this publicly, because with everything going on, this is the last thing a woman should have to worry about. If anyone else feels they should be included in this story — by name — for having a former partner, parent, spouse, etc — collect the stimulus money that should be theirs, please contact me. It will be one great column!!
