If you pay child support, you don’t have any say in how it is spent by the recipient. That sounds harsh, but it’s true. If you are legitimately concerned that you’re paying support and that the recipient is buying drugs, taking expensive vacations leaving your child at home, or making other inappropriate expenditures, you look at changing residential custody arrangements, not controlling the child support. Each state’s guideline calculations take into account the fact that the person with whom the child lives will have to have a larger home or apartment because of the child; perhaps a newer, larger car; and any number of “hidden” expenses (insurance, fenced in yard) over and above the obvious expenses like school lunch and diapers.
If you are concerned that the support you pay will not be used for the children’s benefit, you may wish to negotiate specific payments that you can make directly on behalf of your children in exchange for a reduction in the amount of support you are required to pay to the other parent. For example, you could put the money into a trust fund for the child’s college education. Or, you can pay the daycare provider or school tuition directly, and receive a dollar-for-dollar reduction in your support amounts. You can work to fashion an agreement which assures that the basic needs of the children are met no matter how financially irresponsible the other parent. Use an attorney or mediator to assist you in creating a plan. Click here for good article on the mis-spending of child support.
At all costs, however, keep the interests of your children in mind. You want them to have the best that you and your spouse can afford, and all of the opportunities that they would have had if you had remained married. Don’t let resentment about your loss of control of money interfere with what your children need, and what they deserve. Click here for an article on reducing conflict over child support.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
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