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After I filed for divorce in Maryland Aug 1,2013 I accepted…

After I filed for divorce...
After I filed for divorce in Maryland Aug 1,2013
I accepted child support paid in advance. Our case was not resolved until Nov2016. The judge awarded no alimony $5000 / mo child support. He paid $400,000 over 3 years. After court he agreed to pay $5000 per month until our daughter graduates high school plus a few additional items.My now ex husband sent the money to an LLC that my father put me on since I didn’t have a bank account.Is the child support taxable?
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Answered in 1 minute by:
3/28/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Child support is a non-taxable event; what this means is that it is not tax deductible by the obligor, not taxable to the recipient; this is because the theory is that it is not income but is rather the child's portion of the parent's income that is already taxed.

Please see:

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/alimony-child-support-court-awards-damages/alimony-child-support-court-awards-damages-1

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Customer reply replied 28 days ago
Thank you, ***** ***** read the link prior. However I am being told I would have had to have a written agreement because without my now ex could have given me a million dollars and I wouldn’t have to pay taxes. Also I received into an LLC because I didn’t have any other bank account

If there is a court order stating the amount of child support provided and the support is provided per that order, then it is not taxable.

If the money was made out to an LLC then that is a separate legal entity and the LLC would have to report it but an LLC does not have authority to accept child support on behalf of minor children as only a parent or other party named in the order may accept child support on behalf of the child.

If an LLC is used for personal reasons (ie commingling assets, accepting personal payments, making personal payments) that may cause the "corporate veil" protection to be lost so that the two parties (the LLC and the member) are combined and either can be sued for the other's actions.

If a parent is simply paying money voluntarily and calling it child support that would be deemed a gift.

A party can gift $15,000 per year to as many individuals as they wish, up to $10 million lifetime; please see:

https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

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Customer reply replied 28 days ago
The money was paid for child support from 2012-2015 and all wire transmissions were submitted to the courts by my ex husband as child support.
The LLC was my father’s but he stopped using and put my name on the LLC and the bank account because I did not have a bank account. Since my name was on the LLC and the account could I receive the child support to this account or did it make it taxable ?

I can't find any authority stating money paid to an LLC qualifies as child support; this may be an issue of first impression requiring a court to evaluate whether it would be taxable.

please see:

https://www.irs.gov/pub/irs-pdf/p504.pdf

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