What Can I Do if My Ex Misuses Child Support Funds?
Child support is supposed to be used to provide for your child. The child support money you send to your co-parent should be used to buy your children clothes, food, school supplies, and other important things your child needs. If you suspect that your co-parent is using that money on non-essentials for himself or herself, you can take legal action. You may be able to request more parenting time so that you can support your children directly, especially if your child’s basic needs are not being met properly. You may also be able to ask the court to reduce your child support payments, especially if you are struggling to keep making them and your co-parent is clearly financially well-off. A knowledgeable Kane County, IL child support attorney can help you decide what steps to take.
What Can Child Support Be Used For?
It is a common misconception that child support should benefit only the children and never the parent receiving it. In many cases, it is impossible for a parent to spend child support money in a way that does not benefit him or her at all but still adequately meets the child’s needs. For example, a parent who receives child support can reasonably use the funds to pay for a bigger apartment so that each child can have his or her own bedroom or move to a safer neighborhood that is better for the children to grow up in. While this use of child support funds certainly benefits the parent, it is also likely in the children’s best interests.
Child support should not be used for luxuries that only benefit the parent and do nothing for the children. For example, if you can prove that your ex is taking your child support checks and purchasing designer clothes for herself while your children wear worn-out and ill-fitting secondhand clothes, there may be an issue.
Showing That Your Child’s Needs Are Not Being Met
The court is most likely to act if you can show that your child’s needs are not being met even though you are sending enough money to ensure that your co-parent should be able to pay for the things your children need. For example, if your child is regularly going to school with no lunch and no lunch money while your ex eats out every day, the court may see this as a big problem.
Possible Remedies When Child Support is Misused
Two possible options are asking for more parenting time and asking for your child support payments to be reduced. If your child’s needs are well met and your co-parent is doing quite well financially while you are struggling to keep up with payments, the court might agree that you should be making lower payments. If your child’s needs are not being met, you might be able to ask for more parenting time so that you can be the one directly caring for and supporting your children.
Contact a Batavia, IL Child Support Lawyer
[[title]] is committed to helping parents ensure that their children are provided for. Our experienced Kane County, IL child support attorneys will help you take any possible action if your child support payments are being misused. Contact us at 630-879-9090 for a complimentary consultation.
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