Tag: misappropriation

Gaming Child Support as the Child Support Recipient

Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately work lower paying jobs than they are qualified to do, and who then spend those support funds on themselves, not on the needs of the children.

It’s a very good point. We all know (and so do the courts) about child support recipients who (for lack of a better word) “embezzle” child support funds for their own personal use. It happens frequently, unfortunately. And it is hard to detect and to prove to a court. Even if one can prove that child support funds are being misspent by the recipient parent, most courts throw their hands in the air and say, effectively, “OK, so I agree that mom/dad is misspending the funds. What do you want me to do now? Order that you pay less child support? That will only result in the children having less, ‘cuz the recipient ain’t gonna have an epiphany and start spending the lower amount of support on the kids.” It’s a no-win situation for the innocents (children and payor alike).

Utah Family Law, LC | | 801-466-9277

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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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