Child support accounting O/T

[mistoffolees]

While researching another question, I came across an interesting article. It's Wikipedia, so I'm not 100% sure I believe it, but it's probably worth checking out.

The standard advice here is that a custodial parent can not be forced to account for how they spend child support money. Wikipedia says:
"However, in other jurisdictions, a child support recipient might legally be required to give specific details on how child support money is spent at the request of the court or the non-custodial parent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand an accounting on expenses and spending from custodial parents. Additionally, Alabama courts have authorized such accounting under certain specific circumstances."

Child support - Wikipedia, the free encyclopedia

They did not, however, provide a reference for the above claim.

Sometime when I have a little time, I will research the question to see if their statement is valid.

 

[CSO286]

While researching another question, I came across an interesting article. It's Wikipedia, so I'm not 100% sure I believe it, but it's probably worth checking out.

The standard advice here is that a custodial parent can not be forced to account for how they spend child support money. Wikipedia says:
"However, in other jurisdictions, a child support recipient might legally be required to give specific details on how child support money is spent at the request of the court or the non-custodial parent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand an accounting on expenses and spending from custodial parents. Additionally, Alabama courts have authorized such accounting under certain specific circumstances."

Child support - Wikipedia, the free encyclopedia

They did not, however, provide a reference for the above claim.

Sometime when I have a little time, I will research the question to see if their statement is valid.

Acorridng to my trainers, in MN an NCP can request an accounting--but only as part of the original action and in the first six months--not during any subsequent mods or reviews. In addition the court has to approve the need for an accounting. (Usually only happens with our larger obligations......)

 

[mistoffolees]

Acorridng to my trainers, in MN an NCP can request an accounting--but only as part of the original action and in the first six months--not during any subsequent mods or reviews. In addition the court has to approve the need for an accounting. (Usually only happens with our larger obligations......)

OK. That's confirmation that under some circumstances, NCP CAN get an accounting.

I am really surprised.

 

[SESmama]

I guess I can see how that could be. However, how would you actually parse something like that out from the main body of income? GA asks for a breakdown of expenses when asking for a CS order or mod. Maybe that is, in itself, an accounting?

 

[CSO286]

Well, I haven't dealt with it personally yet, but I can imagine that if the obigation is in the higher 4-5 figures, the CS might be required to be in a separate account....and expensed out from there.
I can see how it might play out in some different situations, but again--I have no personal/work experience there.

 

[mistoffolees]

I guess I can see how that could be. However, how would you actually parse something like that out from the main body of income? GA asks for a breakdown of expenses when asking for a CS order or mod. Maybe that is, in itself, an accounting?

I don't know (since there aren't any details provided), but would speculate that you only have to prove that you spent $xx on the kids.

That is, if your child support is $500 per month, you would have to show expenses for the child of $500 per month - but not necessarily that it came directly from the child support payment (the whole fungibility / swimming pool argument).

Keep in mind that the accounting is fairly liberal. For example (from the same article), if you pay to heat your house, that can be seen as benefiting the child - even if others benefit as well.

 

[LdiJ]

While researching another question, I came across an interesting article. It's Wikipedia, so I'm not 100% sure I believe it, but it's probably worth checking out.

The standard advice here is that a custodial parent can not be forced to account for how they spend child support money. Wikipedia says:
"However, in other jurisdictions, a child support recipient might legally be required to give specific details on how child support money is spent at the request of the court or the non-custodial parent. In the United States, 10 states (Colorado, Delaware, Florida, Indiana, Louisiana, Missouri, Nebraska, Oklahoma, Oregon, and Washington) allow courts to demand an accounting on expenses and spending from custodial parents. Additionally, Alabama courts have authorized such accounting under certain specific circumstances."

Child support - Wikipedia, the free encyclopedia

They did not, however, provide a reference for the above claim.

Sometime when I have a little time, I will research the question to see if their statement is valid.

The article is a bit misleading, at least for Indiana. A judge in Indiana may only require an accounting in the severest of circumstances...and then only if the child is very clearly doing without the basic necessities...and generally only if CPS is involved in the child's life.

That is also an accounting to the COURT, not an accounting to the other parent. The article even states that.

Judges do not give the ncp a right to an accounting because all that does is cause the ncp to feel an entitlement to micromanage the CP.

 

[GinAA]

I'm in Indiana and my child support goes on a state Visa card. The same one my Unemployment was deposited on. I have never been asked to show where the money goes but I can get statements from the state as to what I have used the card for. Problem would be, when I was getting unemployment on the same card, how would they decide what portion of the money was actually spent on non-child related expenses. Just seems like a hard thing to prove for either side unless someone was going on vacations and the child was living in a cardboard box on the porch.

 

[CJane]

Here's what I found: PARENTAL ACCOUNTING FOR CHILD SUPPORT PAYMENTS

Colorado
Colo. Rev. Stat. Ann. §14-10-115(14)(b)
None specified; if the noncustodial parent claims that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve their differences

Delaware
Del. Code Ann. ,
tit. 13 §518
Upon showing of good cause, the court may order the person receiving the support to account for the expenditure and management of the funds

Florida
Fla. Stat. Ann. §61. 13(1)(a)
None specified; the court has continuing jurisdiction to require the person receiving the support payments to report on their disposition

Indiana
Ind. Code Ann.
§31-16-9-6
Upon showing of necessity, court may order the person receiving the support payments to provide the court an accounting of future expenditures

Louisiana
La. Rev. Stat. Ann. §9: 312
Upon a finding of good cause based upon child support expenditures for the six months prior to the filing of a motion for an accounting

Missouri
Mo. Rev. Stat. §452. 342
Upon good cause shown, the court may order the custodial parent to furnish the obligor with a regular summary of expenses paid on behalf of the child

Nebraska
Neb. Rev. Stat. §42-364(4)
Upon presentation of evidence of an abusive disregard of the use of child support money, the court may require the party receiving the child support to file a sworn report with the court, as often as it requires, stating the manner in which the money was used

Oklahoma
Okla. Stat. tit. 43, §118(b)(18)
None specified; child support orders may include such provisions as the court deems appropriate to assure that the child support payments are used for the support of the child

Oregon
Or. Rev. Stat. §107. 105(1)(c)
None specified; the court may at any time require the custodial parent to account for how the money received as child support was spent

Washington
Wash. Rev. Code Ann. §26. 23. 050(2)(a)(ii)
None specified; child support orders must include a statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child

 

[TheGeekess]

Not finding anything in the Alabama Statutes that says an accounting is even possible.

 

[mistoffolees]

Here's what I found: PARENTAL ACCOUNTING FOR CHILD SUPPORT PAYMENTS

Colorado
Colo. Rev. Stat. Ann. §14-10-115(14)(b)
None specified; if the noncustodial parent claims that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve their differences

Delaware
Del. Code Ann. ,
tit. 13 §518
Upon showing of good cause, the court may order the person receiving the support to account for the expenditure and management of the funds

Florida
Fla. Stat. Ann. §61. 13(1)(a)
None specified; the court has continuing jurisdiction to require the person receiving the support payments to report on their disposition

Indiana
Ind. Code Ann.
§31-16-9-6
Upon showing of necessity, court may order the person receiving the support payments to provide the court an accounting of future expenditures

Louisiana
La. Rev. Stat. Ann. §9: 312
Upon a finding of good cause based upon child support expenditures for the six months prior to the filing of a motion for an accounting

Missouri
Mo. Rev. Stat. §452. 342
Upon good cause shown, the court may order the custodial parent to furnish the obligor with a regular summary of expenses paid on behalf of the child

Nebraska
Neb. Rev. Stat. §42-364(4)
Upon presentation of evidence of an abusive disregard of the use of child support money, the court may require the party receiving the child support to file a sworn report with the court, as often as it requires, stating the manner in which the money was used

Oklahoma
Okla. Stat. tit. 43, §118(b)(18)
None specified; child support orders may include such provisions as the court deems appropriate to assure that the child support payments are used for the support of the child

Oregon
Or. Rev. Stat. §107. 105(1)(c)
None specified; the court may at any time require the custodial parent to account for how the money received as child support was spent

Washington
Wash. Rev. Code Ann. §26. 23. 050(2)(a)(ii)
None specified; child support orders must include a statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child

OK. I guess I'll have to change my statement that CP never has to account to NCP for expenditures.

 

[Isis1]

OK. I guess I'll have to change my statement that CP never has to account to NCP for expenditures.

i'm sure that's what you meant.

i'm thinking that's still correct. the accounting would be to the court. not to the NCP. and it has to be for a darn good reason. not just cuz the NCP has an axe to grind.

 

[mistoffolees]

i'm sure that's what you meant.

i'm thinking that's still correct. the accounting would be to the court. not to the NCP. and it has to be for a darn good reason. not just cuz the NCP has an axe to grind.

I realize that the above is just a summary, but that doesn't appear to always be the case.

MO, for example, explicitly says that CP has to provide NCP with the information.

CO simply requires that NCP claim that CP is misusing the money and it has to go to a mediator (who will, presumably, ask the parents to discuss the expenditures).

In others, it appears that the court has a lot of discretion to require the information - sometimes with 'good cause', sometimes even that requirement isn't there.

My point is that we can not really say that CP will never have to account for child care expenditures - which is the answer normally given. It clearly depends on the state.

 

[LdiJ]

I realize that the above is just a summary, but that doesn't appear to always be the case.

MO, for example, explicitly says that CP has to provide NCP with the information.

CO simply requires that NCP claim that CP is misusing the money and it has to go to a mediator (who will, presumably, ask the parents to discuss the expenditures).

In others, it appears that the court has a lot of discretion to require the information - sometimes with 'good cause', sometimes even that requirement isn't there.

My point is that we can not really say that CP will never have to account for child care expenditures - which is the answer normally given. It clearly depends on the state.

MO says:

Upon good cause shown, the court may order the custodial parent to furnish the obligor with a regular summary of expenses paid on behalf of the child.

That is very different than the way that you are interpreting it. Good cause must first be shown, and then its an option for the court to order it.

CO says:

None specified; if the noncustodial parent claims that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve their differences.

Again, different than you are interpreting it. The court MAY order the parties to mediation to work out their differences. The court is allowed to do so, not required to do so.

 

[mistoffolees]

MO says:

Upon good cause shown, the court may order the custodial parent to furnish the obligor with a regular summary of expenses paid on behalf of the child.

That is very different than the way that you are interpreting it. Good cause must first be shown, and then its an option for the court to order it.

I really wish you'd stop putting words in my mouth.

Someone said that NCP would not receive the information. In MO, NCP CAN receive the information. That is the point I was making. I never said that in MO it didn't require evidence.

CO says:

None specified; if the noncustodial parent claims that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve their differences.

Again, different than you are interpreting it. The court MAY order the parties to mediation to work out their differences. The court is allowed to do so, not required to do so.

Which means that under at least some circumstances, NCP will have access to information about how CP spends the money.

What part of that don't you understand?