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CS- do you think it's BMs money?

Anon2009's picture

I saw the blog on the petition to make CS like an EBT card. It got the wheels turning in my brain.

It irks me to no end to see how many people do not use CS on their kids. But I also believe it is their money. The check was made out in the CP's name. The CP deposited it. So legally, it is their money. Many people seem to say, "It's the kids' money." No, it is not. It is money the NCP gave to the CP. It is now the CPs money that *should* (emphasis on "should") be used on the kids.

But instead of trying to manage how someone manages their money, we should be trying to change how custody is handled. Then the CS problem would be solved. Custody should be done on a case-by-case basis. If either parent is someone who truly isn't worthy of visitation, they should lose custody. If that parent is Mom, then it's Mom. If that parent is Dad, then it's Dad.

Comments

PeanutandSons's picture

Its the custodial parents money to offset the ncp portion of the kids living expenses. Good parents will do right by their kids no matter the circumstances and shit parents will do right by themselves no matter the rules put in place to force them. The time to pick the type of parent your kid will have is before laying down with trash.

tryingmom's picture

In the state we live in CS is paid to the CP on a debit card, if the parents use the state's system. This card has no limitations on where and what it can be used for. I've been in the nail salon and saw the woman next to me pay with her CS debit card. I also saw one being used at the liquor store.

DH pays CS, we know that it does not go to the skids needs, it goes to BM's needs. There isn't anything we can do about it.

purpledaisies's picture

I do think both custody and cs needs an over haul. however crappy parents will find a way. But we can at least do what we can to cut that down. luckily I never had to worry about Bm spending the money on her. But we did gave a few times where she tried to tell skids that dh doesn't pay and that he should pay mire or that she doesn't have the money to feed them b/c dh doesn't pay enough. We did set that straight with the skids every single time. Mainly b/c she refuses to get a jib even though youngest is 14. According to Bm a job gets in the way!? I bet if dh quit his job b/c it got in the way she would throwing the biggest fit ever!

So yes there should be an over haul in cs and custody and they should not let cp use going to school ft as to not work. She can at least work pt. I did and my kids were fine. Both parents should be made to work period.

Patsy's picture

You clearly know the money is for your child's needs. The court figures within the support how much is the NCP's responsibility to provide the basics. I don't think anyone should have to show everything they have spent on their child unless the child is going without basic needs. However in my state it is put on a card. Yes the CP can take it out as cash and there will be no trail of the money spent unless they provide their bills and it is subdivided by the household. That being said I still think a NCP has the right to see the debits on that card. A CP has nothing to worry about if that child's needs are being met. IF those needs are not being met then there could be a problem that the money was taken out by cash or spent at the casino or liquor store. There are CP's who have their spouses foot the bill for their child and use the CS as mad money.

Patsy's picture

No I don't think so either, but I think good honest parents would know better than to swipe their card at the casino or liquor store. They should not have a problem with the statement being available online. Grocery store, clothing store, utility bill, doctor bill, etc. In my opinion I don't think using your card at any of those places and many more would be out of line. I'm sorry to here about the situation in your state. What was she turned in for? Did they say she wasn't providing for him?

Patsy's picture

Child support is like paying a bill. The expense account it falls into is NCP's percentage of a child's food, shelter, medical and clothing expense. Therefore the bill is for your child's expenses to be paid to the CP. There is already a percentage that is calculated in a CS order for the CP's share of expenses. This percentage is assumed a direct expense incurred by the CP. You can say that this money is the CP's, but the bill came from your child's needs. I do not feel this is the CP's money. It is to be spent on the child's needs. IF any CP feels the money is theirs to do as they like they are greedy and selfish.

Patsy's picture

No they do not, but when your paying support of 900 a month and the CP does not work and your kid is working to pay for their gas, car insurance,food, clothes and schooling at the age of 17 just where is the CS going? My SD works 30 hours a week and hands it over to her BM because BM says she needs to pay her part. Funny I thought my DH was doing that.

Patsy's picture

NEW SM - I agree with you and my comment had nothing to do with your situation. A court or a NCP would be insane to ask where 30 bucks goes.

Patsy's picture

She is insane, but surely the court has not sided with her. When you swiped the card it should only say it was used in a grocery store the court surely wouldn't question that.

overworkedmom's picture

The problem with this is- where does the government control end? Sure to start there would only be the grocery store transaction but then what happens when people find out that *gasp* a bottle of wine was also purchased or hell, my daughter is only 5- lord forbid I get tampons in that same transaction- those aren't for her??? Then everything will become audited. There is a serious problem when any "authority" has too much power.

The only time that CS should be audited is when the child is being neglected. If all needs are met, then that is all there is to it. CS is meant to help provide necessities. I would be willing to bet that the very,very vast majority of people who receive child support would state that is does not even equal rent/mortgage.

I understand that there are people that abuse the system but the fact is for most CP's- child support goes into the "household money pool" that pays for everything. Sure I may get a pedi every once in a while, my kids have everything they need and most of their wants too- who is anyone out there to say that I can't treat myself? This whole card thing is absurd.

Patsy's picture

Smh! the government made this plan up they should be willing to make adjustments to their system. It was back in the 80s the last time any major changes were made. I think after 30 years change is warranted. The government doesn't have enough money or man power to itemize what child support is spent on. I feel the card debit should be allowed online to both parties. If there are significant signs that a child is being neglected, this could be beneficial to the child for the NCP to bring to court. Yes they may take it out in cash but that would just make it harder on the CP to prove money was spent on the child's needs. If a lawyer wants to itemize and throw up crazy things then it is up to the judge to correct this. In the end it is not the government per say who dictates this it is the judge and they will ALWAYS be involved in CS and COs.

overworkedmom's picture

" If there are significant signs that a child is being neglected, this could be beneficial to the child for the NCP to bring to court"

This should only be utilized IF there are signs of neglect. Stating that there should be a blanket rule for all parents who receive CS to itemize expenses on the children is crazy though. I couldn't tell you what % of my groceries or utilities my kids use vs me, dh and SS.

Patsy's picture

I never said to itemize the expenses. I am just saying to give the NCP the right to see the debits on the CS card. A debit will show where you used it not what you bought. In my case I know the BM has to use that card at the casino or has to take out cash bc she hides the support money from her husband.

overworkedmom's picture

What is the point of "debits" with out accountability of the debits? So she uses the card 100% at the grocery store- she is still going to continue to use other $ for the other crap that you are so against. And who is to say she isn't buying a truck load of beer at the store?

Patsy's picture

My SD's BM is a nut and I am sure she has slipped and used that card at the casino more than once. I ask you what is the point of not allowing this to be online it already shows the deposits in my state.

overworkedmom's picture

Because with out itemizing it is pointless. With itemizing it is a major overstepping and can lead to such a slippery slope.

Patsy's picture

If it is pointless then why such the hard argument to not allow this online like the deposits? It cant not cost the state that much more to have the debits on the statement. The police and government can look into that card at anytime and itemize it. Just like they can look at your krogers shopping card at anytime showing what you have bought. The NCP has no way to do that without a court order and unless a parent is certain their child is neglected I doubt they would fight the courts to get this done.

Patsy's picture

I have a few friends who have 50/50 and they do not pay support to the other parent. In my state you can enter an agreed order of support. I think theirs are pretty cut and dry you pay 1/2 of everything, but where one pf my friends had a problem was when one parent wanted to put the kids in private school and the other didn't. They ended up going to court and a child support order was set based on one parent making more than the other. They said it is to act like the child was never burdened with a divorce. It is so crazy. The court acts so worried about a child being burdened or scared for life because of a divorce, then they should should be able to address parenting time during child support hearings. Money is king we all know this.

Patsy's picture

How about the court saying hey your parents made the choice to have you out of wedlock and they should have thought about their own financial situation before having you. We can support SD on our own without money from her so let the kid live with us and "visit" her mother. To be honest I would be fine with that. I know it isn't right for all situations, but I would rather take her on financially then send money to the BM. And yes, I do know how much money it costs to raise a child.

Disneyfan's picture

Just because someone receives CS doesn't mean they can't support their kids on their own.

My income was higher than my son's dad's income. I didn't get CS because I needed it. I got it because my son deserved to be supported by the two people who created him.

Patsy's picture

No it doesn't mean that, but there are CPs who live off the state and CS money. In those cases as long as the NCP is not unfit, they should be given the right to pay entirely for their child and give the CP more options to find a job or go to school. We know most courts give custody to the mother unless the mother is a down right sociopath.

purpledaisies's picture

I don't think they should dictate how you spend the money but I still believe that both parents should be working. Period. I have 2 kids of my own who I raised mostly by myself. With no cs. So I get where you are coming from. But at the same time there really does need to an over haul if some sort and the ones that are doing right by their kids won't he griping as much as I shouldn't effect them.

Patsy's picture

At least my state puts her at making minimum wage when figuring CS, but what they don't see is that she does not work so she will spend the money as hers. BM's husband thought for years my DH didn't pay any support at all! In fact after 15 years SD finally told on BM for lying. So now that he knows BM had to get a part time job and is miserable to my SD. I am pretty sure he cut off her allowance he gave her and now he doesn't pay anything for SD. Think about it she had 900 bucks a month that she just had as EXTRA to do with it what she liked. Nobody has access to that card but her.

tryingmom's picture

But many of the CP we deal with do not work, they use the CS for covering all their expenses. BM has only worked a very part time job for the past year, she lives off of CS and whatever man she can lure in. Skids needs are not met with CS, we have to provide above and beyond CS for the skids needs.

Example: BM receives over $1200/month in CS. Skids constantly come over needing shoes, haircuts, and school supplies. When asked if they ask BM, they respond that she doesn't have the money.

BM fought hard to be CP, so she could get CS, and would be able to be a SAHM. CS is only 50% of the financial burden to raise the skids....I wonder when she'll put her 50% in?

Patsy's picture

YES! People just seem to think that all NCPs want to whine about paying support! Some might, but not any that I know of. It is pretty much understood it is your obligation to your child. It is when they are called to pay for school supplies and clothes that really make you question things. There will always be a way for the greedy NCP to work around it, just like they work around everything, but I would just like them to know there could be an audit CS. I know our government is too lazy and they would say this will take 7 billion dollars to do and etc... It is just a statement of debits on an account. They already show the deposits online is it really that hard to show the debits. It can not cost that much money to do. It sure would be nice to have in court however where a CP slipped and swiped the card at the casino and then that same week asked the NCP to buy SD a winter coat.

hereiam's picture

Obviously, the CP is providing certain needs for the child (home, food) but in our case, they were minimal. We didn't care what BM spent the actual CS on but when SD had clothes that did not fit, shared a bedroom with her brother, and had to spend her own money (that she got for her attendance at summer school) on school supplies, that tended to piss us off.

And NCPs that pay a thousand dollars or more per child because of their income, well, it doesn't take a thousand a month to raise a child. Part of that money should go into a college account or something. You know those CPs are using that money for themselves.

Patsy's picture

EXACTLY! SD works and pays for most of her things. We never questioned the money until SD started asking why DH didn't pay support! 15 years never behind. BM let her own husband think my DH did not pay support. SHE HAD 900 A MONTH MAD MONEY!!!!!!

hereiam's picture

This reminds me, SD22 spent the night this summer and we were talking to her about her CS situation with her ex husband. DH was saying how he was NEVER late with CS and had the paperwork to prove it. SD looked at him like he had worms coming out of his face.

Yes, that's right SD, no matter what your mother told you, CS was paid on time (early, even), every month from the minute your parents split until you got married. Actually, he paid a month extra. So, I'm guessing BM told her he never paid CS. Although SD didn't say, the look on her face said it all.

Patsy's picture

Lets take it one step further. How about when a kid reaches lets say 13 or so they get a statement telling them CS has been paid. It doesn't have to have an amount, although I would love that since SD is 17 now and has a taste of what things cost. Yeah it should be a Merry Christmas card from the court! Dear SD, Just like to let you know your dad is up to date on his child support obligation to you. Have a wonderful day! I know it's crazy, but BM's who hide the fact support is even paid are more crazy!

Patsy's picture

DH just requested a PIN so he can do the same. Crazy to have to go to that extent just because BM was lying.

round2's picture

The posts are always interesting to me. I deposit my entire paycheck into my and DH's joint account and we pay for all the kids (step and bio) expenses out of that account. My CS goes into my separate account and I use that to pay for select soccer fees, son's car payment and anything else I need.

If someone audited my CS spending it would look like I was wasting when the reality is that DH and I simply allocate the funds differently. My ex pays minimal support for three kids and rarely sees them so the real truth is that my Dh is paying the bulk of their daily expenses.

Patsy's picture

Same here. It drives me insane when I see BM in a new car, but my SD has to pay her own school supplies, gas, clothes, car insurance, and so on and so on.

livia007's picture

Custody and CS are decided on a case by case basis. The court has guidelines but it's up to the parties involved to argue and provide evidence to the court.

Harleygurl's picture

In my state the Judge himself advised that if my ex and I could get along to leave the CS services for the state out of it because they are incompetent. That says a lot to me. We do get along. My ex just deposits the money in my checking account each month. We are unusual I know.

Patsy's picture

Harleygurl - good for you and your X! I think anytime parents can work this outside of court is amazing and they are better off.

not2sureimsaneanymore's picture

What me and DH do to keep me accountable for BD's expenses is simple--for me at least. We take my total yearly bill for solely the necessities. Water, electricity, mortgage, property tax, oil (for heat), property insurance and calculate it by multiplying that by 1/6th. (DH lives in my house but I don't charge him for half of the mortgage or property tax because his name never will be on my deed, so since it's technically three people living in the house, her expenses would be 1/3rd, I am responsible for half of that, so it's 1/6th. DH pays for his third of utilities separate.). Then take her yearly diaper/formula/clothing expenses, divide it by half, and add it to the 1/6th number previously.

Last time I checked, it came out to $360 a month. Might be a little more since I don't have an accurate read on what the utilities will be in deep winter since we just moved in this past fall.

If you already hold yourself accountable and want no one to question you (I have quickbooks because I'm a budgeter--excel works too but i like looking at the charts) it's not that hard to figure it out. I take that money and it supplements my expenses--where I spend it doesn't matter AS LONG AS I continue to pay the expenses I currently have.

The only place where it's a little muddied up is the mortgage and property tax because I count him in the house but don't ask him to pay, which means I am paying for his portion even though I should be calculating it as only me and BD, so he should be paying 1/4th of that. However, he pays for all the groceries, so he pays for my portion already and it evens out.

Extra stuff, like her toys and furniture, is separate and we have to both agree to buy something, otherwise, the person who really wants to buy it pays for it in full.

I think if the courts did it this way, calculating the actual necessities of the entire household (shelter/utilities) and having the NCP pay for half of the kids portion based on the percentage of the time the CP has the , then made extra allotments for food/clothing (although not sure how this would work since if you're really frugal, you'd go to places like goodwill etc. instead of buying name brand stuff.) It might be a little fairer, and the CP would have to at least show they really are paying for that.

Just a thought. Lots of kinks to still work through.

not2sureimsaneanymore's picture

Yeah. Not sure why Cs is needed in 50/50 at all. Equalize the standard of living? I'm sorry but that was something you had to give up when you divorced/left a person. They are not responsible for your standard of living.

whatwasithinkin's picture

I have said and will say again I am BM and SM. I am not giving anyone an accounting of my funds.

My children are well dressed, have a roof over their head, braces on their teeth, contacts and glasses, shoes, coats, personal items. Electric, heat and food. It is taken out of one big pot. I dont say, oh she needs shoes let me take CS and buy them. I say let me buy my daughter shoes. If I need my nails done I do it.

I almost feel like when I am on this sight that as long as I am collecting child support I should not be allowed out to dinner, to get my nails done, or get it colored. Like every dime I collect needs to be directly related to my children because I collect child support.

Well guess what? You can bitch if you have a single Mom and the only income she has is CS and she is out bar hopping and getting her nails done but her kid needs glasses and shoes. Or she doesnt have heat or electric. Then you can bitch. Outside of that its noones business how BM spends her money

Patsy's picture

Why I bitch is exactly this with exceptions
BM quit her job - made SD get a job. Makes SD give hand over her paycheck to BM.
SD pays for her wants and some of her needs.
BM has 3 other children with new husband.
New husband is rich.
BM hid the fact she was getting 900 a month from her DH and my SD.
BM has hair, nails, designer clothes, goes to casino, bar hops 3 nights a week on the average.
Yes SD has the basics that BM would have to have for her other children.
So tell me where this is fair.

not2sureimsaneanymore's picture

I don't think any of us are bitching about, if you do provide the necessities for your children, where the money goes. But the people who abuse the system need to have some way of being controlled. Unfortunately, that means if they want to protect those who are being exploited, even those who don't exploit will be required to follow those regulations. I personally wouldn't kill a person but because there are people who would, that's why laws are in place for it.

I think if we begin by calculating what the child'd expenses truly are, and start from there instead of just basing it off of income, it might be a little more fair. Just IMHO.

I know it comes out of one pot, the money Dh gives me for BD goes into a pot, but her expenses are clearly defined and those bills don't disappear, so he can at least be sure out of that pot, that much is going towards her expenses.

The card thing is not really going to help. Maybe a system of using CS to directly pay the portion of the bill the children are using will help. Just a thought. I know it's unlikely to change.

Patsy's picture

My feeling exactly. If you are doing the right thing it really should not be a big deal to show this in some way. However, when a child is told to get a job to help pay her portion of the bills when that is what CS is for that is just plain wrong.

Patsy's picture

TRUE! I know more fathers who pay their CS on time than I know of ones who are behind. It could just be the people I surround myself with but I wish there were some way for the courts to stop stereotyping people.

misSTEP's picture

There are CPs who misuse and abuse the system. There are deadbeat NCPs who only pay when forced to and otherwise couldn't care less (my DS23's father is $12K+ in arrears...STILL).

Only until the Family Court System is made fair for BOTH the mother and father will things change (ie. get better). Custody should be presumed at 50/50 unless one parent has proof that the other is not fit. Proof is NOT false accusations. PROOF IS PROOF. Mothers should not be given a pass - or a "slap on the wrist" - if they don't follow the COs or are abusive or neglectful.

Just like any OTHER court - innocent until proven guilty. No: "The mother is automatically the better parent and the father is the wallet." No NCPs being a "Defendant" in court papers. GO AFTER THE CP FOR NOT ADHERING TO THE PARENTING SCHEDULE AS MUCH AS YOU GO AFTER THE NCPS WHO DON'T PAY THEIR SUPPORT!!

Although I have seen plenty of CPs who were using CS for things that were most certainly NOT for the child, I do the same thing. However, my "child" lives on his own and I was his sole support for most of his childhood years so I spend the arrears on what I want. I also save some so that I can help out my son if he really needs it, without my DH having to be involved in what I give his stepson.

Just as the court system should be blind to the color of a person's skin, they most certainly should be blind to the genitals that are between a person's legs! TREAT BOTH PARENTS EQUALLY.

B22S22's picture

I don't know about the guidelines in anyone else's state... but in this state there is a phrase that says something like CS will be calculated based on income of CP and NCP; however alterations can be made in the amount paid by NCP so that the child can continue to live in the manner s/he has been accustomed.

So basically, how that worked for my DH is that because the BM was on a 6-month maternity leave for the kids when she filed for divorce, the CS calculation is based on her ZERO income and his total annual income. These kids are now almost aging out of the CS and it's STILL that way. BM has never worked, and still doesn't to this day because it's "too much to do when trying to raise children"

And yes, she's bellowed many times about the CS not being enough, and has often asked DH (and I) to pay for many expensive extras because she couldn't afford them. But all this time the kids were here every single weekend because she went out every single weekend to party. She loves to shop, gets her hair done all the time, mani/pedis, the whole ball of wax.

I agree with other posters that what makes it maddening is she has never been held responsible for CONTRIBUTING to the financial support of these kids by the courts -- they just stuck it to DH because he was employed and left her to skip off on her merry way. The least they could have done is impute minimum wage for her, as at this point in time it would make DH's CS go DOWN by $300 a month. But... he's less than a year away from it all coming to an end so it's not worth pursuing at this point in time. Each time he's tried to bring it up during the CS review, she'd present documentation that she was "in school". She's been "in school" since before I met DH 9 years ago and has yet to finish a single class (or obtain a degree) -- she'd enroll, attend a couple classes, then drop it. The question there is: she doesn't work, she can't get a student loan because she's defaulted on two or three of them, so who only knows where she gets the money to enroll/drop.

And as far as "supporting" the SK's - I agree that they are clean, they live in a nice house, etc. But any money that is given to them for birthdays, holidays (and I know DH's parents send the SK's money every single month, usually a couple hundred each) is either handed over to HER, or she makes them buy their own school clothes and pay for their own extracurriculars (like drivers ed, school fees, etc).

*sigh* with situations like this, where do you even begin?

not2sureimsaneanymore's picture

I'm also annoyed at the fact that some people think the NCP is responsible for ALL the costs associated with the child.

No. If the NCP is paying $900 a month for a kid, that means the CP should be contributing $900 AS WELL.

Tell me you can't raise a child on $18effing00 a month. Holy crap that annoys the hell out of me.

Patsy's picture

YES! There are grown adults (my mother included) who live off of less than my SD gets a month. What irks me is my SD was never accustomed to how her and her parents lived together because they NEVER did! How in the hell does the court just assume that if BM was still with my DH she would not have to work is beyond me. They should look at the DD who does live with us and they will soon find out that isn't a chance in hell BM would be able to stay home if she were with my DH today!

Tuff Noogies's picture

IMHO- i think either parent should just request a review if there seems to be an issue. if you're DH is paying x-amount and it strongly appears to NOT be going to the skids, then file for a review hearing.

when changing custody, DH had to submit a 4-page financial affidavit that included everything from household stuff to class trips. i think it should work where BOTH parents have to submit that affidavit if either one requests.

sometimes it all boils down to just a huge annoyance, being rightfully indignant at its misuse, but not really worth it to fix if the kids basic needs are being met (esp. if it could come back on you negatively...)

Patsy's picture

Oh yes I agree! In our situation SD's basic needs are met and SD17 has a job and supports a lot of things for herself. It pisses me off, but I don't think I would pursue a legal battle over it. Not in my case. As long as SD knows her Dad is doing his part all is good with me.