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Child Support Allocation

Frustrated Father's picture

Submitted by Frustrated Father on Mon, 01/25/2010 - 12:05am

Any one fight that child support $ is being used to purchase a martial asset of the custodial parent and their new spouse? My thought is that if any of the CS $ is being utilized to pay interest on a mortgage and is used to pay for property taxes then the paying non-custodial parent should be able to claim those expenses on my taxes. Yes/no. Any input would be appreciated.

Comments

Frustrated Father's picture

Submitted by Frustrated Father on Mon, 01/25/2010 - 12:07am

I have another thought....has anyone filed a civil suit against the custodial parent for not applying CS for the child? It is sad that the only concern of the Fiend of the Court is to secure $ for the custodial parent with no assurance that the $ is truely being spent on the child.

devilwoman's picture

Submitted by devilwoman on Mon, 01/25/2010 - 5:13am

Unless your ex is putting the CS into a separate account, and using that particular account to pay mortgage/taxes/whatever, and unless you can absolutely prove this, you really don't have a case.

Totalybogus's picture

Submitted by Totalybogus on Mon, 01/25/2010 - 6:30am

I'll add to that.. as long as the child has a roof over their heads, food to eat and their basic necessities are being met, you have no case. If she is paying the mortgage, electric food, and basic clothing necessities, she IS using child support the way it is intended.

KentuckyMom's picture

Submitted by KentuckyMom on Mon, 01/25/2010 - 7:31am

I had similar issues with the FH's ex. She had designer clothes, nails done, and went out partying all the time. All this with no job... but he paid her CS. The child,however, had worn out clothes, holes in his shoes and never had a haircut. She contantly asked the FH to get things like school clothes out of layaway or buy him shoes, etc. We talked with a lawyer about making her prove she was spending the CS on the child, but our lawyer stated that there was no way that she would have to. According to him, CS is for the parent to spend on the child, with rent, electric, and food. As long as all these were met, the courts wouldn't care that he was running around with holes in his clothes and shoes.