WHAT HAPPENS WHEN CHILD SUPPORT MONEY IS NOT BEING USED ON THE CHILD?

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WHAT HAPPENS WHEN CHILD SUPPORT MONEY IS NOT BEING USED ON THE CHILD?

Man holding childWhen people have a child together and are no longer married or involved in a relationship, child support has to be addressed, as it is the legal right of the child. The purpose of child support is to require that both parents contribute to the support of the child to ensure that the child continues to live a lifestyle commensurate with the lifestyle of both parties.  It would be unfair to the child if both parents did not have a responsibility to the child. Parents are not permitted to negotiate away or waive the child support, as it is a right that belongs to the child.

Can Child Support Be Monitored?

People are often surprised to learn that the parent receiving child support does not have an obligation to provide proof of how child support is being used. However, the person paying child support, referred to as the “payor”, may want to know if receipts can be requested for child support.  The parent receiving child support does not have to provide what the child support is being used for but that does not mean that the parent paying child support cannot address concerns with the court if the child’s needs are not being met. That simply means that on a regular ongoing basis, the parent is not obligated to maintain receipts.  It is, however, always smart to maintain proof of the payments made and received for record keeping purposes, should there be an issue at some point in the future.

People involved in a child support arrangement must have an understanding of what child support covers. Unfortunately, there may be situations when child support is not going to the child, or when there are mothers who abuse child support. If you are paying child support and you suspect that child support is not being used for your child, it is important that you know how to report misuse of child support. Misuse of child support may be considered financial abuse in certain circumstances. 

Child support can be paid directly to the other parent or it can be paid through the probation department in whichever county is appropriate, depending upon where the parties reside. If child support is paid directly, sometimes recordkeeping can be difficult.  Paying child support through a probation account makes proving child support payments much easier and allows child support to be monitored.  Allegations of misuse of child support payments, is a frequent basis for people to return to Court seeking the Court’s involvement to settle a dispute.

How To Report Misuse Of Child Support 

Generally, child support is established on the premise that the parent primarily responsible for the child is providing appropriate living accommodations for a more substantial period of time, during which the parent is responsible for maintaining that household and providing the necessities for the child including food, clothing and other miscellaneous expenses.  Mothers who spend child support on themselves and mothers not using child support for children may find themselves in a predicament if the child’s needs are not being met and it can be established that the child support is going toward other expenses not related to the child. This may be considered a misuse of child support payments. In those situations, it is likely that the parent paying the child support will petition the court for relief.  That relief may vary depending upon the family circumstances, as every family dynamic is different. Contact us today at DeTorres & DeGeorge Family Law, where you will receive legal advice and representation that you can count on from family law experts, who will make sure that you are protected.  All aspects of your family law matter will get the attention necessary to protect you and your family as you navigate this process. If you fear that your child’s other parent is misusing child support payments or child support is not being used on the child, we can help.

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