The Intersection of Divorce, Child Support, and Stimulus Checks

July 6th, 2020 by Tiffany Hughes

Award-Winning Lawyer Provides Insights on How Family and Matrimonial Law Effects Stimulus Check Income

While nearly 130 million Americans received a stimulus check from the federal government this past month, many were left asking how marital law, child support, and divorce would impact the additional income. Tiffany M. Hughes, one of the top Divorce Attorneys in Illinois specializing in family and matrimonial law, shares insights to shed light on the nuanced subject.

Is the stimulus money considered as marital income or assets?

According to Illinois Statute 750 ILCS 5/505, the qualifications of income are broadly defined. The court’s decision on whether or not the earnings should be split between parties depends on a number of factors, including how the prior year’s taxes were filed, the income of each individual, and the number of dependents claimed on their respective taxes. “The division of the stimulus money is determined by the court on a case-by-case basis. However, once the case involves the court, it is unlikely that a judge will order the money deemed as income to either party for purposes of calculating child support or maintenance,” says Hughes. “In most situations, each party is awarded their respective $1,200,” she adds.

Will non-custodial parents receive a check that can be used towards child support?

The parent who claimed the minor on their 2019 taxes will likely be the parent who receives the additional $500 per child. However, this money does not replace a parent’s obligation to pay child support, as previously ordered by the court. Further explaining the common practices in cases involving child support, Hughes states, “In most domestic relations cases, the deciding factors include income, employment status, and the number of the children between both parents. In general, if a parent who does not have majority custody receives the stimulus money for the children, that parent should immediately turn those funds over to the parent that does.” She then goes on to say,  “Ultimately, parents should split the funds to ensure that both parties are provided with the opportunity to properly support the children during this pandemic.”

Are divorced parties entitled to a portion of the other’s stimulus check?

Depending on when the most recent taxes were filed, divorced couples should each receive their own stimulus checks based on their individual incomes. If the parties involved filed individual taxes, then each person should receive their own stimulus check and are entitled to 100% of the money. However, Hughes touches on a more complicated scenario. “If the parties finalized their divorce in March 2020, they likely filed joint taxes for 2019, or 2018 if they did not yet file. As such, it is likely that the parties will receive one stimulus check that will need to be divided between the parties.”

Helming a modern, tech savvy law firm at the forefront of family and matrimonial practices, Tiffany M. Hughes is an expert in all aspects of Family law proceedings including divorce, mediation, parentage, child custody, orders of protection, and all matters that arise after the parties are divorced.

For more information, high resolution images or to schedule an interview with Tiffany on this or any other related topic, please contact Samantha Crafton at SCPR directly. 

About The Law Office of Tiffany M. Hughes: Located in Chicago, IL, The Law Office of Tiffany M. Hughes is an elite law firm that concentrates solely on Family and Matrimonial Law matters. Under the leadership of a renowned attorney and founding partner, Tiffany M. Hughes, the firm represents individuals in all aspects of Family law proceedings including divorce, mediation, parentage, child custody, orders of protection, and all matters that arise after the parties are divorced in Cook, Will, Lake, McHenry, DuPage, Kane and surrounding counties. A modern, tech savvy firm, The Law Office of Tiffany M. Hughes is a company built on passion, experience, personalized service, and innovative thinking.

Ms. Hughes has developed a stellar reputation for her ability to successfully manage High Asset Divorces. This niche typically pertains to clients with a high net worth, multiple streams of income and/or a complicated portfolio of holdings. Her expertise in this area has resulted in her representing numerous public figures, including professional athletes and CEO’s. Ms. Hughes has received many awards and achievements for her work as an Attorney in Family Law, including but not limited to, Top 100 Lawyers in the United States by Lawyers Magazine, Super Lawyer Rising Star, Top 10 Family Law Attorney in Illinois, Top 40 Attorneys under 40 in Family Law, Client Choice award on Avvo, Top Divorce Attorney on Avvo, and 10 best client satisfaction award.

Unlike many other law firms, The Law Office of Tiffany M. Hughes limits the number of cases they take on at any given time to ensure that all clients receive the upmost care, personalized attention and dedicated focus to their specific situation. Operating under the mantra “life is no rehearsal,” Tiffany M. Hughes and her team not only offer clients practical and effective legal representation but also help them move forward into a new, happier chapter of their lives.

The Law Office of Tiffany M. Hughes is located at 22 W. Washington St. Suite 1500 in Chicago, IL. For more information please call (773) 893-0228 or visit www.thugheslaw.com.