Threats from Ex re: support/daycare

[StopTheInsanity]

I requested a child support review because insurance costs for my daughter increased significantly and my ex didn't keep his promise to help with the cost. He's now threatening to turn my 72 yr old retired/single mother into the IRS because the money ($75 every 2 weeks during the school year and $150 every 2 weeks during the summer) I give her to care for our 11 yr old daughter for the past 7 yrs isn't claimed as income (no tax break). My mom doesn't run a daycare, she cares for our daughter out of the kindness of her heart, so I pay her for her time and expenses. My ex also says our daughter can stay home by herself after school and daycare isn't needed. Last night he informs me that his lawyer will request a discovery and subpoena my mother. Will the judge allow this? My mother will not be able to handle something like this and I am scared to death. My ex knows this would upset me because he threatened to "turn my mother into the IRS" a few years ago.

 

[garykittrell68]

Sounds like they want to scare you and your mother....
Listen to me very carfuly here.......
There is no law written that says you can not give your mother an allowance that is used to care for your daughter..............
Someone has to buy the food while she is with your mother, and someone has to provide spending mony while she is with your mother. I am sure what allowance your mother gets for your daughter from you barley covers that........
Good luck

Gary

 

[irish223]

One other consideration is that the IRS allows individuals to accept monetary gifts up to $11,000 per year without paying tax on it. (I think that's the correct amount.) If your ex is paying for daycare as part of your child support order, then you cannot claim that the money you give to your mother is a gift. If it's not part of the order, then you can call the money a gift, and the IRS would have no interest in it.

 

[Duranie]

However, if your ex is paying part of this child care, he likely is entitled to a child care credit, and by doing that the babysitter will be required to report the income. If he is not paying any portion of the childcare, just ignore his threats.