What If a Parent Receiving Child Support Does Not Spend Any Money on Their Child?

When you send child support payments every month, you expect the money is going to provide for your child’s needs. The custodial parent is supposed to use child support money to take care of the child. The custodial parent should also use their own money to help provide financial support. Unfortunately, some parents use child support money for their own benefit and fail to take care of their kids.

Custodial parents have a lot of discretion when it comes to child support spending. If you are concerned they are not spending any money on your child and the child is suffering, you can take action. Contact a child support lawyer to make sure your money is going toward your kids.

Custodial Parent’s Child Support Obligations

When parents separate or are not living together, both parents are still responsible for taking care of their children. Generally, the court orders the noncustodial parent to make monthly support payments to the custodial parent. Child support guidelines generally determine the amount of child support based on the parent’s gross income and number of children.

The purpose of child support is to provide for the costs of raising a child. Child support money is for the basic needs of the child, including housing, clothing, food, and health care. Some states include the cost of health insurance and medical expenses for child support cases. The court can modify child support orders depending on the child’s individual needs. The court makes child support computations based on the best interests of the child.

The custodial parent has discretion in using child support money, but it should be used to meet the child’s needs. Courts generally do not require an accounting of how child support is spent unless there is clear evidence of child neglect or deprivation. Child support money contributes to the household and is not limited to spending just for the child. However, you can take action if the other parent neglects the child’s basic needs.

Signs of Child Support Misuse

Child neglect is a crime. The definition of child abuse and neglect varies by state law. Generally, neglect involves a parent failing to provide for the child’s basic needs. Basic needs include adequate food, clothing, shelter, or medical treatment. Possible signs of child support misuse include:

• Absent from school
• Child stealing food
• Health concerns that do not get treatment
• Clothing not appropriate for the weather
• Lack of hygiene and body odor
• Drug or alcohol abuse
• The child is often home alone

These are signs of possible neglect but not necessarily signs of misusing child support money. If the custodial parent misspends child support money, and that results in abuse or neglect, you can ask a judge for a change in physical custody.

Addressing Concerns of Misuse

Financial disputes are among the most common issues for parents. Fighting with the custodial parent over their spending is generally unproductive. Family law courts generally won’t deal with minor spending complaints. The court may only step in when the child suffers neglect to make sure the obligor’s money is for the child’s benefit.

If you are on good terms with the custodial parent, you can talk about financial issues and childcare expenses. If you disagree with the way the other parent spends support money, you may be out of luck. Unless you take action to become the custodial parent, you can’t dictate how the other parent spends child support money.

Withholding Child Support for Misuse

You can’t withhold child support payments just because you don’t like the way the custodial parent is spending the money. If you don’t make child support payments, the other parent can go to child support services to enforce the court order. Child support enforcement actions include:

• Wage garnishment
• Intercept income tax refunds
• Income withholding from workers’ compensation and Social Security benefits
• Suspended driver’s license
• Levy bank accounts

The court can also issue a warrant for nonpayment or find you in contempt of court. If you have problems with child support spending, you should take your case to court. Until the court modifies your court orders, you are liable for child support payments and any arrears.

How To Change or Modify Child Support Payments

The court can modify the child support orders based on a significant change in circumstances. A child support modification can increase or decrease the amount of support, depending on child support calculations. Modifying current child support orders based on a change in circumstances can include:

• Losing your job
• Increased parenting time
• Parent moves away
• Increase in net income of the parent

For a child support modification, the other parent has the chance to respond. The court could increase your child support obligation, even if you think the other parent is wasting child support money. Consult an attorney with experience in child custody cases before filing a modification request.

Legal Actions and Documentation for Child Support Money

If you think the child’s custodial parent is wasting child support money, gather evidence to support your case. Documentation can include reports from teachers, counselors, or doctors. If the misuse of money rises to the level of neglect, take action to protect your child. Talk to an experienced child support attorney about your legal options to make sure child support money goes to support your child.