Advance Child Tax Credit Payments | What to Know

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The advance child tax credit is a part of the American Rescue Plan. The American Rescue Plan bumped the child tax credit to $3,000 from $2,000 per child, plus, an additional $600 benefit for children under the age of 6 for the 2021 tax year. The American Rescue Plan was signed into law by President Biden in March. From July to December of 2021, half of the credit will be sent to parents in advance payments on a monthly basis. These payments will average $250 per child or $300 per child under the age of 6. 

If you are a divorced parent, you may be wondering who will receive the advance child tax credit payments between you and your former spouse. Continue reading to discover who is eligible for these payments and the most common way to determine who will receive these payments between divorced parents. If you have further questions regarding this topic, reach out to our experienced family law attorney.

Who is eligible for advance child tax credit payments?

Those eligible for full credit include families with 2020 or 2019 adjusted gross income of less than $75,000 for single parents and $150,000 for a married couple filing jointly with children 17 and under. The credit ends for individuals earning $95,000 and up and married couples with an income of $170,000 or more filing jointly. These families are still eligible for the regular child tax credit, but not the advances.

Who will get the advance child tax credit payments between divorced parents?

Physical custody is awarded to the parent the child spends more nights of the week with physically. This parent is responsible for providing the child with a stable home, food, clothing, education, and more. This parent is also referred to as the custodial parent. It is also possible for parents to split physical custody equally. The custodial parent will also claim the child for tax purposes.

If you are the custodial parent, you should receive these child tax credit payments if you qualify for these payments. However, it is possible for divorced parents to alternate the years they claim the children as dependents. This may arise an issue with advance child tax credit payments.

If you and your former spouse are having trouble determining who should receive these payments, it is important that you reach out to an experienced family law attorney who will provide you with the legal knowledge necessary to come to a conclusion.

If you have any further questions regarding this topic, reach out to our experienced family law firm today to discuss our services and how we can assist you.


Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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