Is There Any Realistic Way to Prevent Misappropriating Child Support Funds?

This is a subject that comes up frequently. It comes up frequently not because misappropriating child support is a hard problem to mitigate but because the courts don’t have the will to implement effective mitigation measures.

When one of the factors in determining the child support award is essentially “making sure the less affluent parent (the poorer parent) has enough money to afford the costs of the lifestyle to which the child is accustomed,” this question arises: how is it ensured that the money paid by the child support obligor (the one paying support) to the child support obligee (the child support recipient) is spent on funding “the lifestyle to which the child is accustomed”? An associated question is: what is to stop the child support obligee from spending the funds on the obligee herself/himself?

The answer to both questions is fairly easy to implement:

  • Audit the child’s needs (rigorously; and we can define needs as “the lifestyle to which the child is accustomed” for this purpose)
  • Determine the costs of the child’s needs
  • Award the amount of child support paid based upon the child’s needs
  • Require the child support obligee to account for (with objectively verifiable proof) the expenditure of the child support funds paid, so that both the child support obligor and the court (and even the child himself/herself) can verify that the child support funds are not being misappropriated.

Utah even has a statutory provision that gives a court the option of requiring the child support obligee to account for the expenditure of child support funds[1], but in 26 years of practice I have yet to see a court order that the child support obligee account.

Utah Family Law, LC | | 801-466-9277

[1] 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.

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