what is child support used for?

[sassykitten74]

My fiance is currently paying a set monthly amount of child support for 2 children. The oldest who is 4 just started preschool which costs 200 a month. Is this an expense that should be covered by the child support? How about clothes and other needs?

 

[LegalBeagle]

My fiance is currently paying a set monthly amount of child support for 2 children. The oldest who is 4 just started preschool which costs 200 a month. Is this an expense that should be covered by the child support? How about clothes and other needs?

No, Daycare and CS can be seperate items lumped into the same payment. So, without daycare the payment could be 300/mnt and then the court can put Daycare in for an extra 150/mnt .. for example..

 

[Grandma B]

Just a thought here. Daycare ordered paid by NCP is normally stated to be daycare which is used only for the CP to be at work or seeking employment.

 

[Joan Gregg]

I was under the impression that support (at least in PA) is given to the Custodial Parent to use as (usually she) deems fit.

 

[LegalBeagle]

I was under the impression that support (at least in PA) is given to the Custodial Parent to use as (usually she) deems fit.

It is.. but Daycare can be an expense or payment on its own. For example, if the CP decided to quit work then Daycare can be pro-rated out of the CS payment. This needs to be defined in the court order.

 

[sassykitten74]

I understand that child support can be used as the cp sees fit but what happens when she's not getting everything the child needs? So is preschool considered child care?

 

[LegalBeagle]

I understand that child support can be used as the cp sees fit but what happens when she's not getting everything the child needs? So is preschool considered child care?

If the child is not getting everything then it is called neglect. All you have to do now is prove it.

Preschool is considered child care.

 

[sassykitten74]

Just for clarification here, are you asking if *CP is using the CS for daycare and depriving the children of other things is it wrong?*


No I was actually asking 2 seperate ?s there. My fiance pays 400 a month for cs and pays 200 a month(not court ordered) for preschool so I wanted to know if the cp should be using the cs to pay for the preschool. Also the cp isn't providing the children with everything they need so my fiance has to buy other things for the children as well.

 

[Joan Gregg]

Is pre-school considered child care if CP doesn't work?

 

[sassykitten74]

well my fiance is military and has been told by his work to provide many things that have not been court ordered-however thats because his cs hant been court ordered yet

 

[Tigres]

Your question could be answered with specifics if you would care to tell us what state you are in. The rest is merely debate then!

Tig

http://smilecwm.tripod.com/net3/krakrani.gif

 

[sassykitten74]

OOPS-I'm in Va-sorry-so if child care isnt mentioned any where then nobody can make the father pay more then his court ordered child support-is this correct?

 

[LegalBeagle]

OOPS-I'm in Va-sorry-so if child care isnt mentioned any where then nobody can make the father pay more then his court ordered child support-is this correct?

If it is mentioned NO WHERE then he pays the amount that has been court ordered.

 

[usmcfamily]

The father of the child is LEGALLY obligated to pay the amount of money stated within the court order - that is it. Should he, however, choose to contribute more to the support/care of his child/children then God bless him. Out of curiousity, why are you so interested in what amount he is choosing to pay towards the care/support of his children - I understand that you are engaged, but the financial choices he makes regarding his children are his own.....is he looking to reduce the amount he is paying or do you feel he is paying too much? If it is a matter of him wanting to reduce his financial output to the children then I would suggest he simply return to paying only the amount ordered and leave it to the ex to petition the courts for a modification to increase the support to include the child's preschool costs (which by the way if it can be proven he can afford it -as he obviously can if he has already been paying it - there is a good chance it would be granted on the grounds that the child's increased age and therefor schooling requirements would qualify as a change of circumstance.)
Bottom line is this -- legally he is under no obligation to pay more than ordered -- morally he can choose to contribute as much over that amount as he sees fit.
Good luck and God Bless

 

[sassykitten74]

um yeah the reason i wanted to know is because even though she has custody the kids are here more then they are there and its ridiculous for my fiance to be paying her child support. He pays for the pre school because otherwise the kid would not have the oppurtunity to go because she spends sll her money on phone bills making calls to her 15 yr old boyfriend in FL. And no he can't "afford" it-we're living off of credit cards-we dont even have money to buy food because he is also paying all of their marital bills. He and I are engaged and this is as much my business as it is. Somebody sounds a little spiteful here-hmmmmmm yeah thanks for the help-ha