Q&A: Who of a divorced couple gets the rebate check?

February 25, 2013 | By

Question by vgircys: Who of a divorced couple gets the rebate check?
I am divorced, 2 kids. I have physical custody, claim Head of Household. My ex claims the dependency on both. Who will get the tax rebate?

Best answer:

Answer by MikeeyMan
Assuming you are within the income parameters... You will get the $ 600 for yourself... If your ex is claiming the kids, he gets it for himself and the kids....

You may have to work something out with him...

What do you think? Answer below!

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Comments (6)

  1. Trouble

    You STILL are Filing seperately………you Both should get one.
    If you are Head of Household you’ll get the Childrens rebate!

  2. Astrolion

    If your ex-wife claims the kids, she is going to get the rebate for the kids, plus what she is due for herself based on her tax situation.

    Likewise you will receive a rebate based upon your tax situation, provided you meet the qualifications.

  3. Beverly S

    I don’t think you can file head of household without having the children listed as your dependants??? Whoever claims the kids gets the rebate for the kids. No way is the IRS gonna send it to both of you.

  4. Doctor Deth

    you can’t claim HOH if you aren’t claiming the kids as dependents and if you claim the kids, your ex can’t – something is very wrong with your tax return situation

  5. Fred Mac

    you both will get your own rebates since you both file your own taxes as single people.

  6. rtfm

    Yes, you absolutely *can* file as Head of Household even if you don’t claim the exemption for the children. Many divorced couples have agreements that they alternate years claiming the exemption for the children, but the Head of Household status is always given to the parent who physically provides a home for the children more than half the time.

    Here’s the IRS rule about it:

    To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. You are considered unmarried on the last day of the tax year if you meet all the following tests.

    You file a separate return (defined earlier under Joint Return After Separate Returns).

    You paid more than half the cost of keeping up your home for the tax year.

    Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. See Temporary absences, later.

    Your home was the main home of your child, stepchild, or foster child for more than half the year. (See Home of qualifying person, later, for rules applying to a child’s birth, death, or temporary absence during the year.)

    You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules described later in Children of divorced or separated parents under Qualifying Child or in Support Test for Children of Divorced or Separated Parents under Qualifying Relative. The general rules for claiming an exemption for a dependent are explained later under Exemptions for Dependents.