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  1. #1
    sbarnett88 is offline Junior Member
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    Misuse of Child Support?

    What is the name of your state (only U.S. law)? Georgia

    My husband has paid his ex-wife for child support for their 12 year old son in full, on time every month since they divorced. They have a relatively friendly relationship now, and we all get along for the sake of their son.

    However, his ex-wife rarely spends the child support money on their son. She is frequently going out of the country (leaving their son with us, which we don't mind, but in regards to money, we pay her even though he stays with us a good amount of "her" time). She doesn't have a job (her choice, even though she was employed the whole time they were married), and is basically funding her lifestyle and outings by the child support money. When their son is with us, he is always mentioning how he needs new clothes (his don't fit) and asks us to get them for him. It's not that we mind doing it, but we pay her so much every month, we rarely have the money to do it with. We would never tell him "thats what we pay your mom for" or anything along those lines.

    But is there a way we can get the court to order that she show proof that the child support money is being spent on the actual child? She also receives alimony, and we don't care what she does with that money, it's hers. But we feel that she needs to be spending the child support on the child, or the court should stop or reduce my husband's obligation to pay and we will financially support the child.

    Anyone know if there is a legal way to enforce that the money is actually spent on the son?
  2. #2
    CourtClerk is offline Senior Member
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    We don't have a say in the matter because we weren't ordered to pay support for the child. We don't have any say on how she spends her money anyway.

    Let the parents deal with the issues surrounding their child - and out of pure curiosity, how much money is your husband paying to her that allows her to keep a roof over their heads, food in the bellies, electricity and other incidentals AND go out of the country?
  3. #3
    stealth2 is offline Senior Member
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    I was kinda wondering the same... No way does CS afford a free ride to a CP. Not unless the ex is like.... Michael Jordan.
  4. #4
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by sbarnett88 View Post
    What is the name of your state (only U.S. law)? Georgia

    My husband has paid his ex-wife for child support for their 12 year old son in full, on time every month since they divorced. They have a relatively friendly relationship now, and we all get along for the sake of their son.

    However, his ex-wife rarely spends the child support money on their son. She is frequently going out of the country (leaving their son with us, which we don't mind, but in regards to money, we pay her even though he stays with us a good amount of "her" time). She doesn't have a job (her choice, even though she was employed the whole time they were married), and is basically funding her lifestyle and outings by the child support money. When their son is with us, he is always mentioning how he needs new clothes (his don't fit) and asks us to get them for him. It's not that we mind doing it, but we pay her so much every month, we rarely have the money to do it with. We would never tell him "thats what we pay your mom for" or anything along those lines.

    But is there a way we can get the court to order that she show proof that the child support money is being spent on the actual child? She also receives alimony, and we don't care what she does with that money, it's hers. But we feel that she needs to be spending the child support on the child, or the court should stop or reduce my husband's obligation to pay and we will financially support the child.

    Anyone know if there is a legal way to enforce that the money is actually spent on the son?
    No, a court will not order that Mom prove how she spends the CS.

    However, IF your husband can prove that son stays with him more than wnat the order was based on, he does have the right to go to court to have the CS modified to reflect that.

    Before he does anything he needs to get a consult with a local attorney to see if he has enough proof. In addition, the CS guidelines changed a couple of years ago and Mom would have to be imputed an income because GA now uses both parents' incomes to determine CS.
  5. #5
    ecmst12 is offline Senior Member
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    The custodial parent is not required to spend child support money directly on the child. Child support is to REIMBURSE the custodial parent for costs incurred while raising the child. That means she's ALREADY spend money on the child, so she can spend the child support payments any way she likes. And if it's none of dad's business how she spends it (and it's not), then it's even LESS your business. Butt out.

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