Use of Child Support Payments

Child support is the legal obligation of a parent to his or her child(ren) for their maintenance and care. A non-custodial parent (one who does not have physical custody) will be ordered by the court to pay to the custodial parent (one who has physical custody) a proportional amount of the child(ren)'s expenses. Qualifying expenses include, but are not limited to, housing and utilities, food, clothing, medical costs, activities, childcare costs, and education.

Accounting for Child Support Payments

It is a good idea to keep a written record of money spent on children that exceeds the child support payments; such records will be helpful if child support becomes an issue. Items that should be recorded include, but are not limited to, reasonable gifts, school clothing, books and toys, sporting goods for extracurricular activities, and any increased living expenses necessitated by the child(ren)'s presence in the custodial parent's home.

Currently, very few states allow a court to demand an accounting of how child support is spent from the custodial parent. The non-custodial parent can file a petition with the court if he/she believes that the child support monies have been spent without good cause (a substantial reason that amounts to a legal excuse for failing to perform a required act). Even then, it is difficult to prove or disprove the custodial parent's expenditure claims and there is no evidence that such accounting laws actually cause greater compliance with child support orders. In fact, they may arguably lower the compliance rate because any child support award can be more easily challenged.

In most states, however, the money may be spent on whatever the custodial parent wants. In those instances, there is little recourse available to the non-custodial parent to challenge the expenditures.

The duty to account for how child support is spent is not the same as a custodial parent's fiduciary duty to account under the Uniform Gift to Minors Act or with a court's authority to impose a trust on child support to insure that the custodial parent uses the monies for the child. That said, absent clear findings that the custodial parent is unwilling or incapable to wisely spend the child support money, the court generally refuses to dictate how the funds will be spent.

Failure to Pay Child Support Obligations

"Self-help" (taking action outside of the normal legal process) is not allowed when it comes to refusing to pay or modifying child support obligations, even if the non-custodial parent believes that the money is not being well-spent or if the custodial parent refuses visitation. Absent a specific provision in the divorce decree, the custodial parent's interference with or withholding of visitation rights is not a proper ground for withholding, modifying, or stopping payment of child support. All 50 states have enacted statutes that make it a crime for failing to support a child because the withholding of support is viewed as punishing the child, not the parent. As such, child support is viewed separately from visitation and neither can be contingent upon the other.

All states, however, allow either parent to bring a motion asking the court to recalculate child support. This motion may be filed at any time. Justifiable reasons for filing a motion to recalculate child support include an increase or decrease of one or both of the parents' income, a change in living expenses, or a change in the child(ren)'s expenses. If the custodial parent refuses to allow the non-custodial parent visitation with the child(ren), the non-custodial parent can petition the court to temporarily stop support payments.

Related Resources on lawyers.com

- Child Support articles and information
- Find a Child Support attorney
- State Specific Child Support Links
- Child Support Message Board for more help