Hi this is a bit of a tricky situation. I am require in a custody order to pay my ex’s nanny/household employee $700 per month, since this nanny is not technically my household employee, I don’t dictate where, when or how this nanny works, my Ex does.
Is it correct of me to issue this provider a 1099-NEC for the payments I make to her? The ex nor the nanny file taxes for the Nannie’s income so I’m concerned and trying to do things the correct way to relieve myself of any IRS action.
I pay the nanny directly per the court order. I have began backup withholding because she (the nanny) refuses to provide me with an accurate W-9. The court order states this is work related childcare, is this considered in the course of business or trade and 1099 worthy?
