These are all clearly expenses that are normally encountered when raising children. The recipient of child support is not required to inform their co-parent of purchases, seek their approval, or report on the usage of child support payments. And while state child support guidelines do outline the expenses to be covered by child support payments, recipients of child support are typically allowed a certain level of discretion when allocating funds.
However, if a child appears to be neglected despite regular child support payments, parents should consult a family law professional immediately about how to proceed. Child support obligations may be modified in certain states when parenting time is shared.
Depending on the percentage of time with each parent, child support payments may be altered from the standard guidelines to reflect the financial responsibility parents share when they also share physical custody. When physical custody is shared, both parents will most likely make purchases for their children in the form of food, school supplies, and other daily necessities. A parent paying child support, however, cannot deduct these expenses from their regularly scheduled support payments.
Beyond the expenses of food, shelter, and clothing that are covered by basic child support, many states include additional expenses when calculating the final financial obligations of parents after a divorce or separation.
In Minnesota, for example, state laws consider medical and dental fees and child care costs when determining overall child support responsibilities.
The shared financial responsibility for these additional support items is determined on a case-by-case basis. For parents who share physical custody and both pay for child care, for instance, the higher childcare costs will be offset by the lower, the difference between which shall then be used in calculating child care support obligations. Texas, in addition to medical and child care costs, takes other factors into account when deciding whether the standard child support guidelines are appropriate for a family.
These can include, but are not limited to, costs for children traveling between parents, special or extraordinary educational costs, and post-secondary education costs. Parents may be wondering how extracurricular activity fees and supplies will be handled after their divorce.
Unless specifically stated otherwise in their parenting plan, many parents may have to contribute to these expenses out of their pocket or rely on their basic child support payment to help offset these costs. When creating their parenting plan, co-parents may wish to include provisions for handling expenses that would otherwise not be sufficiently covered by basic child support obligations. If a state does not include extracurricular activity expenses when calculating child support obligations, for example, parents may wish to negotiate shared responsibility for activity fees if their child participates in a particularly expensive activity, such as gymnastics or a traveling sports team.
Every child-related expense may not be covered by child support. While the custodial parent often receives the child support payment, it should not be used for their personal expenses that are unrelated to their children.
Misuse of funds includes things like clothing, salon services, or entertainment and vacations that don't involve the child. Even if money is left over in any given month, it should be saved for future expenses related to the children. In the parent's agreement for child support, many of these expenses will be defined so both parties have a clear understanding of their responsibilities and what the money will be used for. It may also have a way of dealing with and sharing the costs of unexpected expenses that come up.
Whether you are receiving or paying child support, it's important to remember that the money is meant for the welfare of your children. Though there may be challenges along the way, it can mean a lot your child's well-being and happiness if their parents act responsibly and work together to ensure they get everything they need. Get expert tips to help your kids stay healthy and happy.
National Conference of State Legislatures. Child Support Child Support Basics. Updated August 2, Child Support Guideline Models by State. Updated July 10, Child Support Handbook.
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I Accept Show Purposes. Because custodial parents don't have to keep track of spending, it would be very difficult for paying parents to prove misuse of child support unless it's obvious that the custodial parent is neglecting the child's health, safety, or overall well-being. For example, if your ex purchased a luxury vehicle while your child went without food and clothing, you could ask the court or child services for a child welfare investigation. But, in most cases, courts and child support agencies won't resolve a dispute that arises when a paying parent simply disagrees with a custodial parent's spending habits.
That being said, a few states do have a procedure under which parents receiving support can be ordered to account for how they're using the money, but these procedures aren't used for minor disagreements over the use of child support. For example, some states' laws give judges the discretion to order accountings when appropriate or when the paying parent shows a reason to investigate the custodial parent's use of child support.
Even though paying spouses rarely have the power to successfully challenge how the receiving parent is spending child support, every state has a way for paying parents to request a review of and possible modification of the child support order. In most states, a request for a review or modification won't give the judge or child support agency the power to order the receiving parent to account for the use of the support money.
It will, though, trigger a thorough examination of both parents' financial situations and their ability to pay for the child's needs.
So, if the amount of child support is no longer appropriate because your ex changed jobs or your child's needs changed, the order can be changed to reflect the new circumstances.
If you and your co-parent can't see eye-to-eye on how child support is being used, consider mediating your dispute. In mediation, a neutral third party will help the two of you understand one another's position. The mediator can't change the child support order but can guide you in discussions to come to an agreement that both of you can live with.
But if you suspect that the custodial parent isn't meeting your child's basic needs—resulting in neglect or even abuse—it's time to seek help.
Contact a local family law attorney who specializes in child custody and child support matters or reach out to your state child support agency. Often, your local child support agency can help you figure out your best options. If it becomes apparent that you need to hire an attorney but you can't afford one, find out about getting free or low-cost legal assistance. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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