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Child Tax Credit

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What is the name of your state? Minnesota

I have read the IRS FAQ's on the Child Tax Credit Refund concerning application to couples who divorced in 2003 but filed joint return for 2002 - my situation, not by choice.

"7. My spouse and I have divorced and the advance payment check is made out to both of us — can I cash it?

If the check is made payable to two parties, then both parties must endorse the check on the back. Even if the two parties are now divorced, both must sign the check. The law provides that each spouse is considered to receive half of any advance payment made because of a joint 2002 return."

My question is, what does "considered" mean in this statement? I have joint custody, pay full child support and receive none from my ex by temporary agreement. I was given all child deductions for 2003 and future returns in my final decree. I am taking my ex to court regarding issues involving denied visitation because I would not sign the tax return until she reimbursed me for money payed into the state which in itself was in violation of a court order. While addressing this issue in court I thought I would pursue getting 100% of the Child Tax Credit refund simply based on the fact that I receive $0 in child support. I need to know where in the Federal Law it discusses "considered" with respect to my situation - or state precedent.


My friend was dealing with the same issue.
The tax refund check was in both names.

You only need one signature to deposit the money.

His wife signed the check, deposited it into their checking account and the withdrew the entire amount.

There was nothing he could do about it.


Senior Member
On your return, you will indicate that you received $200 of the advance & can claim an $800 CTC. This is regardless of whether you get $0 or $400. As far as the IRS is concerned, you got $200. Period.

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