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The ins and outs and other complexities and frustrations of child support in Utah are some of the most popular, and thus some of the most discussed divorce issues on this website.

Here is an example of an exchange I recently had with a visitor to the website (names and the content of the e-mail messages have been changed to protect the identity of the parties):

Dear Eric:

I saw your website– and it had some interesting information.

I saw your article regarding the accounting of child support:

(http://www.divorceutah.com/child-support-and-conventional-wisdom/ )

I am wondering how often the courts actually can and will order a child support recipient to provide an accounting of how child support is spent.

I have always paid what I am ordered to pay for child support on time. Now with our son starting school, my ex-wife wants me to pay ½ of school fees, for extracurricular activities, athletics, scouting, etc. in addition to what I already pay as base child support.

When we agree on things (like piano lessons, judo) we split the cost, or if either of us signs our son up for an activity one of us wants him to engage in, them the parent who wants the activity pays the full cost for that (i.e., if I sign him up I pay; if she signs them up, she pays).

Worse, I end up buying our son the clothes he needs but that my ex-wife either refuses to buy or just forgets to buy (and I am talking important items such as shoes that fit and don’t have holes in their soles).

I don’t want to go to court, but I wonder if I should ask where and how the base child support funds are being spent.

My ex-wife claims that base support covers food, shelter, and clothing for our son, but she says what I pay isn’t enough “for her” and the boy. I thought it was just for kids? Am I mistaken?

And besides, I know that at least some of my money isn’t going for clothes because I buy them.

My son stays with me one night per week and every other weekend .

I asked ORS if they would require my ex-wife to provide an accounting of how she spend the child support money, but I was told to petition the court myself.

What do I do?

Fiscally Responsible Dad

Dear Fiscally Responsible Dad:

I am sure it does not surprise you to learn that many, many fathers (and some mothers) are in the same predicament you find yourself.

I’d love to help you petition the court for an order requiring your ex-wife to account for how she spends child support. And yes, that can be done:

Utah Code § 78B-12-218. Accountability of support provided to benefit child — Accounting.

(1) The court or administrative agency which issues the initial or modified order for child support may, upon the petition of the obligor, order prospectively the obligee to furnish an accounting of amounts provided for the child’s benefit to the obligor, including an accounting or receipts.
(2) The court or administrative agency may prescribe the frequency and the form of the accounting which shall include receipts and an accounting.
(3) The obligor may petition for the accounting only if current on all child support that has been ordered.

That stated, your odds are poor from the get-go because every judge I’ve spoken to about this Utah Code section literally sniffs at it as some kind of moral outrage and many judges do not even know it exists nor can they believe it exists. Once they learn of it, they think that any man who invokes it must (must) be doing so for no other reason but to harass and burden his poor ex-wife.

But if you can make a strong case for the proposition that your ex-wife is not being a good steward, I say go for it. That’s the key; giving it a try. Somebody has to stand up and claim his/her rights under this law to get attention paid to a problem that is widespread but so often ignored.

Any other questions? They are welcome.

Eric K. Johnson

Utah Family Law, LC

Dear Eric:

As I said before, the precedent has been when either of us signs the boy up for something (soccer, swim, etc. ) the parent who wanted the activity pays for it, unless we both agree in advance to share the costs.

Won’t courts typically side with the mother? That’s how it seems?

Anyway, I am not eager to go to court, and I can see how a judge would be predisposed to think that I am just harassing my ex-wife.

My ex-wife argues that child support is only for food, shelter and clothing (but again I buy most, if not all, school clothes because my ex-wife tells me he doesn’t “need” them and it isn’t worth the hassle of fighting her and putting the child in the middle.

I just want to be fair, and I can’t find anywhere where it says what child support is supposed to cover. She thinks I have no right to even ask her for what she pays for, but she can tell me what she needs more money for, right?

Fiscally Responsible Dad

Dear Fiscally Responsible Dad:

First, you are correct that there appears to be nothing in Utah law (case law or statute) that what expenses base child support is meant to cover. Here’s what I do know:

Utah Code § 78B-12-102. Definitions.

As used in this chapter:

* * * * *

(4) “Base child support award” means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs.

* * * * *

(6) “Cash medical support” means an obligation to equally share all reasonable and necessary medical and dental expenses of children.

* * * * *

(8) “Child support” means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages which accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

* * * * *

(15) “Medical expenses” means health and dental expenses and related insurance costs.

* * * * *

(25) “Work-related child care costs” means reasonable child care costs for up to a full-time work week or training schedule as necessitated by the employment or training of a parent under Section 78B-12-215.

* * * * *

(26) “Worksheets” means the forms used to aid in calculating the base child support award.

As you can see, the Utah Code does not identify what child expenses base child support is to cover.

Bottom line, and this is my personal opinion, not “law”: If the child is suffering from lack of food, shelter, and/or clothing, you would clearly be within your rights to petition for an accounting. If you do not have extremely (perhaps even ludicrously) good evidence to prove such a lack, however, a petition for an accounting is likely a bust.

Thanks for the exchange. I hope it was helpful.

Best wishes,

Eric K. Johnson

Utah Family Law, LC

 

 

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