Child Support & Custody Support Group
This community is dedicated to those involved in child support and custody cases. There are a myriad of challenges involved in any case and this is a safe place to talk about what you're going through with others who may be going through the same. Join the group and seek advice, find or provide a listening ear, or just share your feelings in this support group.
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A child should never be used in any way or form, in part or in whole, as a "paycheck". That should never happen as our kids deserve better than this.
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A child's CS is %100 for the child. If a parent needs new clothes, they get their own money for it. I don't care if the kid ate that week, has an outfit to wear already, etc. There is always going to be something available to spend CS money on for the child. Even if it's the difference of fresh fruit for the week instead of single can of pears. Budget where ya have to, but in ways that provide the most for the child in regards to CS. Keeping a car in good running order is one thing. Deciding to have yer entire engine of the car chromed using the CS $$ is completely wrong.
If it's not directly benefiting the child beyond the child's basic needs then that money is being spent wrong. Not only that, but if there's only $500/month being actually spent on the child when the CS is actually $800, then there is either $300/month going into a college savings account, or the CS is being spent in the wrong way.
There are plenty of other legal options to pursue for one parent to get $$ from the other. If a one parent needs $$ directly from another, then use whatever legal options seem best during a divorce or separation. The child should not be used in that way ever.
-Gil
I did have a nice visit with my son this afternoon for as long as my ex would let me. I'm well aware that I would have to bust my ass if I had custody and I would too. I'm not above working to provide. I may have custody someday, I may not. It's not about what is best for her or me but for him. When she wasn't working and living off of child support that was not what's best for him. I wish you were on the other side too, paying your children's father 40% of your income while he doesn't work and living off of money meant for them.
WHOA this thread is neverending lol. Gilano child support is for whatever is needed for that child to survive.
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Really not sure what the disagreement is here as I agree completely. CS = for the child. This does include any "make up $$" that was spent earlier. The theory of CS is to provide the child a standard of living that the child would have if living in a complete household. While eventually everything can be "that was spent for the child" there are various other considerations as well. Having a child eat a sandwich with a glass of water every night while the custodial parent has steak and lobster, well there's something a bit wrong there and I don't think that's what was meant when the courts consider the "best interest of the child".
What it really comes down to this, anyone receiving CS that is fed up with their Ex's asking where the money goes should simply do this. Ask for a CS review, tell the courts directly that you want and fully intend to spend any money over basic needs on you and you alone. You'll make sure the kid is fed, has "something" to wear and some place to sleep on. The rest is going towards your clothing, jewelery, a personal vacation for you, etc. It's your money after all and being upfront about it should pretty well put an end to the CS Payee asking about it, now they'll know.
Again, this is a separate issue from using CS for the child. Even if it benefits you indirectly, as it's still directly going towards the child then that's what it should be used for. How it's spent for the child shouldn't be an issue as no one will ever agree whether the kid needed a $150 pair of shoes or 3 $50 pair of shoes. As long as the kid has shoes and the $$ went to the kid. If it's misspent and not budgeted right, it's the custodial parent that will have to make up the difference themselves. If it's too badly misspent then that'd be a case of child abuse/neglect.
For me it's a very simple matter of what's right for my child. If I have so much in resource that are supposed to benefit the child, that's where it's going. CS isn't going to "mostly" go towards my daughter and the rest for me to go out drinking that weekend. It's %100 as it should be. As I don't see many people standing up to the courts and declaring any portion of the CS is "their money" I can imagine most people would go to the courts saying %100 is going towards the child, whether or not it really is. It's the child's money for the custodial parent to spend how they see fit to benefit their child.
If CS is regularly not being spent on the child and the child is not simply getting "essential" care, but not being allowed to live in the intended environment that the CS is supposed to provide for the child, well then it's something to discuss to an attorney. If the custodial parent is unwilling or unable to "properly" care for the child as the courts intended then there's grounds to at least look into a custody evaluation.
Basically, if ya don't think %100 should go to the child, then simply talk to the courts and explain to them that whatever the portion of the $$ you feel is for you directly and ask them to clarify this to the Ex so they can leave you alone. If ya believe %100 of the CS is for the child, whether or not it benefits you indirectly, then it's the Payee that needs to understand that yer spending the CS in the best way you see fit for the child that fits in with yer current budget (no details need be given). If the other parent would like to provide something more towards the child that they feel is important they're free to do so outside and beyond the CS payments.
-Gil
IN TALKING TO SEVERAL NON-CUSTODIAL PARENTS I HEAR THE SAME STORY TIME AND TIME AGAIN ABOUT THIS PARTICULAR ISSUE. GOOD LUCK I HOPE YOU GET OVER THE SHELL SHOCK SOONER THAN LATER BECAUSE THE REALITY IS THAT YOUR GOING TO HAVE TO DEAL WITH THIS ISSUE IN ORDER TO LIVE A HAPPIER LIFE AS MUCH AS YOU CAN. DO NOT DWELL ON THIS JUST PAY YOUR SUPPORT DO YOUR PART AND PRAY THAT YOUR CHILD IS GETTING THE BEST THINGS THAT YOU ARE PROVIDING WITH YOUR FINANCIAL SUPPORT.