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Tag: child needs

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 | divorceutah.com | 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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The Father Just Paid Child Support, and Now He’s Asking the Mother of the Child to Start Showing Him Receipts. Do You Think He Is Right for Asking?

Absolutely.

No question about it.

Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”.

If a child support payor (known in some jurisdictions as the child support obligor) has reasonable articulable bases for suspecting that the child support payee (known in some jurisdictions as the child support obligee) is not responsibly spending the child support funds for the support of the child, then the payor has every right to raise the concern and to ask for proof to the contrary.

But if a child is hungry, mal-nourished, wearing clothes too small for him/her or wearing worn out clothing or wearing flip flops in the snow, has no blankets or even a bed to sleep in, etc. and yet the child support recipient parent is receiving hundreds (sometimes thousands) of dollars per month intended to meet those needs of the child, the child support payor has every right to raise concern with the court and every right to request that the court audit the payee and require the payee to prove that he/she is being a good steward of the child support funds.

In Utah, we have a statute on this very subject:

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.

If this statute has ever been implemented in a child support case, I have yet to see it. Whenever I’ve asked a court to implement it, the courts’ are offended that my client would have the audacity to be concerned over child support payee malfeasance.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/The-father-just-paid-child-support-and-now-he-s-asking-the-mother-of-the-child-to-start-showing-him-receipts-Do-you-think-he-is-right-for-asking

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