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Child Support Accounting

Anne 8102's picture
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I found this, if anyone is interested...

Nonetheless, eleven states have statutes that allow the court to demand an accounting from the custodial parent of how child support is spent. Colo. Rev. Stat. Ann. § 14-10-115(3)(b)(III) (1999); Del. Code Ann. tit. 13, § 518 (1994); Fla. Stat. Ann. §61.13(a)(1) (Supp. 2000); Ind. Code Ann. § 31-16-9-6 (1997); Kan. Stat. Ann. § 60-1616(f) (1995); La. Rev. Stat. Ann. § 9:312 (Supp. 1999); Mo. Rev. Stat. § 452.342 (1997); Neb. Rev. Stat. § 42-364(6) (1999); Okla. Stat. tit. 43, § 118(B)(21) (Supp. 1999); Or. Rev. Stat. § 107.105(1)(c) (Supp. 1998); Wash. Rev. Code Ann. § 26.23.050(2)(a)(ii) (Supp. 1999). Alabama also authorized an accounting under the specific facts of the case, McDuffie v. Holland, 690 So. 2d 386 (Ala. Civ. App. 1996), and New York has hinted that such an action may lie, although current practice indicates otherwise.

Doesn't help us, but it might be interesting to those of you in these eleven states.

BIOMOM's picture

Now I have to hide my receipts from Chippendale's and the crack dealer? Wink

Anne 8102's picture

Your crack dealer issues receipts, Janice?! How cool is that?! Thanks for the laugh!

~ Anne ~

"Nobody can make you feel inferior without your permission."
-Eleanor Roosevelt

BIOMOM's picture

LOL!

Eldest son's father has been giving me same amt $75 a week for the past 16 years. We didn't go thru probation. Back then, if you went thru probation and had to have your wages "garnished" you looked like a deadbeat dad. Our divorce was pretty amicable. We had verbally agreed on $100 a week but my ex needed the money more, to start up his new life........

Somehow, the amt remained $75. If my son were to starve, I would have surely said something. But his dad went on to remarry and have 2 little girls, buy a house, etc. You may think I'm crazy, but I just never desperately needed the money bad enuff to start asking for more. He also paid half of private school until high school. High school was another matter, but he has helped out with tuition.

I am not a rich person, nor do I lavish me or the kids in a certain style. But I have always maintained that if we could all just keep our son's best interest in mind, we would all be fine.

Oh, believe me, we have had our share of battles thru the years. But money was never really one of them.

Now the eldest just graduated high school, right?

Prom tickets $200
Tux and flowers $200
After prom weekend (hotel) $180
Yearbook $200
School Ring $200
Prom Pix $ 50
Graduation Portraits $300

So the last bill that came home, 2 days before graduation was:

Cap and Gown $200 (Who-hoo! We get to keep it!!)

I flipped. I called his dad immediately and said, "I'm done."

Huh?

I went on and on about the $$ I have laid out in the past 3 months and said it was his turn to write a check!

"Janice, calm down. Fine, I'll write a check. Why are you yelling at me?"

Why was I yelling? Because I have always tried not to rock the boat. I was so afraid to ask for money that I thought the only way I could possibly make him understand was by yelling.

So I was yelling at him because of my insecurities. Huh, learn something new every single day.

Now my second ex, cs issues. Don't even get me started!

Dirol

Cruella's picture

I would HATE that BM would have a right to demand a look at how we spend CS. It would be more power in the wackos hands although at a little over $100.00 per kid CS we can easily show tbat DH spends way more than the BB sends. Her CS doesn't even cover daycare much less any clothing, housing, food, med insurance, school, etc...expenses. We have to pay ALL expenses. She would use this as yet another weapon to harrass us.

BIOMOM you crack me up!!! Woops didn't mean to make a pun!

sacto_madre's picture

Check this out - we pay 1000 in SS and 900 in CS. The EW still lives in the Ranch Style 5bd 4ba home in a lucrative area while DH is paying off their $84,000 joint debt he got stuck with. Oh - and she just started working PT doing transcribing and blames it on him because she doesnt want to work. We live in a small home (was mine before the relatioship) because we cant afford to buy because of his debt. And we have the SS 50% of the time! I think the system isnt fair and we recently went to court to get the extra day we have SS in the plan. She argued back and forth for four hours that she didnt want to lose the CS so it essentially reduced the amount of time we have him now. We got the extra day but now have to have SS back by 8am instead of keeping him for the day and taking him home at 6pm. All this over CS. I would like to know how she spends the CS since I buy all his clothes and games and stuff.

goincrazy's picture

That is very interresting! I would love to know what someone does with 300.00 a month when her daughter does not have any new clothes, shoes, coats or even a darn razor to shave her legs.

Mocha2001's picture

I think a lot of us are in the same situation. We pay almost $1000 per month for child support and daycare. About $600 for child support. SS is always in used clothes, from BM's BF's older kid, that are too big. The last two pairs of sneakers we have bought for him because when he comes to our house they are too small, the toes are blown out or whatever. Last week I bought him new clothes for the summer so he didn't have to wear sweats and a t-shirt that is two sizes too big for him to school. The kids have water day at school once per week. Notice home to parents said: swim trunks, sunscreen, and towl. SS is VERY fair skinned, and BM knows he burns easily. Well, we picked him up on water day ... no sunscreen and no towel - so we had to buy them for school to make sure he had it. I'm sure it goes on and on for all of us ... it sucks, and there isn't much we can do about it.

I started keeping a list of what we spend on SS that goes back to BMs (clothes, the swim stuff, shoes, etc.), and have started scanning receipts ... you never know when we may be able to use that and throw it back in her face.

~ Katrina

Julie30's picture

I live in South Florida and you can't really demand for Custodial Parent to show accounting information or tax related information.

When going to court the have each parent fill out a financial affidavit: See attached http://www.flcourts.org/gen_public/family/forms_rules/902b.pdf

Then they calculate how much each parent would have to pay. You can deduct insurance paid for other children, your 401K & taxes which makes your income lower and it also asks for personal info. such as money spent on bills, etc. but it really doesn't effect anything and the judges refuse to pry, because parents can lie about stuff. So, as for Fl. you can't really find out any more details with regards to where the money goes EXACTLY, just a ballpark.

However, in Florida you can submit an form of Interrogatories and make the mother answer financial questions before a judge. We are making Custodial mother do that while we file for custody. Of course she is refusing to answer our questions or provide proof that she pay's rent to her step father because she doesn't and if she does we are sending notice to IRS and reporting her stepdad who divorced her mom / for renting out property. We also asked a whole bunch of other goodie questions. LOL

Now we can ask that the judge force her to comply. Smile

So, that is input from Florida

Julie (31)
Bio-Children - Son under 1 with BF, Son age 11 from previous relationship.

BF - Son under 1 our's together, Daughter age 20 from prior marriage, son age 14 & daughter age 10 from previous relationship.

AC's picture

My fiance pays CS every month and also 63% of the summer camps even though the BM works only 3 days a week (she says it is inconvient for her to dragg the children around on her extra days off). She says she works part time to spend more time with the sons but she started doing this only after she has 2 more children from her 2nd marriage. We think our money goes to her new babies but of course we don't have the right to see how the CS money is spent.

ittakestwo's picture

I can definitely relate to this! We pay the maximum cs for DH's two kids and the BM and family have 5 kids total at their house. I know full well that our money is spend supporting the whole household.

I found this post interesting tho, maybe I should discuss with DH MOVING to one of those states that you can request an accounting. LOL, he'll be THRILED (sarcastic) to know LA is one of those states since they (him and BM) moved here FROM LA!!! *banging head* LOL

It is what it is...

luvdagirl's picture

Our BM was always well dressed and lived in a gated community- but when the roles reversed SD is well dressed now and BM has been evicted countless times since her "child support" hasn't been coming in to more than double what her income is! How hard their stone hearts fall when they lose all! Hey did you see that, I is a poet!