You're expecting a stimulus payment check from the IRS. You filed a joint tax return for 2007. However, you're now divorced and the check is in both of your names. What do you do?
Well, like most checks that are made out to two people, most places (banks, etc) will require both signatures to cash the check. The key here is to understand the difference between AND and OR. If the check is made out to John AND Jane Doe, then both must endorse (sign) it. If the check is made out to John OR Jane Doe, then either should be able to endorse it.
So if you're in this situation you will have to contact your spouse and get his or her signature to cash the stimulus check. According to the IRS, the law states that each of you are entitled to half the check or payment if you file a joint return for your 2007 taxes. So it doesn't matter how much either spouse made or who owes what, you each are entitled to 50% (half) of the check.
Q. My spouse and I have divorced and the stimulus payment check is made out to both of us. Can I cash it?
A. If the check is made payable to both of you, then both must endorse the check. Even if you and your spouse are now divorced, both must sign the check. By law, each spouse is considered to receive half of the payment in cases where a joint 2007 return was filed.
If the filers chose to have their tax refund direct-deposited, the stimulus payment will be directly deposited into the same account that received the tax refund.
Source: http://www.irs.gov/newsroom/article/0,,id=182003,00.html
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Comments
5 Comments so far
What a-hole put my name on this crap ass board.
My ex won't produce the check for my signature, and is keeping it. He doesn't get any of the money, either, but it seems to me that he should have to make the funds available. He is holding it for a purile reason.
Is there anything I can do? Sure I'm not the only person with this problem
Disgruntled ex,
Call the cops.
You can't be serious…would they really go to that sort of call?
Surely I can find another way besides involving the police.
Who can I go to besides the cops? The IRS doesn't have humans to speak to.