What If My Ex is Spending Child Support on Frivolous Things?

 Posted on December 13, 2024 in Family Law

As the parent who pays child support, you may be dismayed when you see your children with holes in their shoes while your ex has a new car, wears expensive clothing, and recently posted photos of her trip to Italy on social media. The court expects that child support will be spent on the children. This could be for a roof over their heads, food on the table, clothing and medical care, or for the specific things a child needs for extracurricular activities, toys, or a private school education.

While the court expects this is how child support will be spent - and most parents who pay child support expect the same - Illinois law does not require parents receiving child support to account for how the money is spent. This means that the paying parent who attempts to micromanage how the money is spent will have little court cooperation. Illinois child support guidelines do state that the baseline amount of support is meant to ensure the child or children live roughly the same lifestyle as they did during their parents’ marriage.

As with most things pertaining to children during a divorce, the court is consistently concerned about a child’s best interests. As such, complaining to the court without being able to prove definitively that the misuse of child support is adversely affecting your children is unlikely to have a positive outcome. If you have questions about how your ex is spending child support, speak to a Geneva, IL family law attorney.

Is There Any Recourse When a Parent is Misusing Child Support?

There is very little the paying parent can do unless the other parent’s clear misuse of child support is negatively affecting the children. Parents receiving child support are given a great deal of latitude in how the money is spent. However, if your child consistently lacks the basic necessities like a winter coat, shoes, or underwear, or if the child is not receiving necessary medical care, then there may be cause to bring the matter before the court.

If, for example, your child goes to school every day with shoes that have holes in them, clothes from Goodwill, and does not have a warm winter coat, this could be considered neglect. If your child has had a very sore throat for weeks and his or her other parent refuses to see a doctor because "it costs too much," the court might find neglect is present. This is especially true if you have never seen your ex go without anything for himself or herself.

If this is the case, make sure that you speak to an attorney before you do anything. Next, make sure your allegations are well-documented. You cannot simply make accusations of misuse of child support without solid evidence. Your attorney may counsel you to seek a modification of the child support order or even to seek a more favorable allocation of parental responsibilities due to the other parent’s neglect. A change in parental responsibilities would also likely modify the amount of child support.

Things to Keep in Mind Before You Return to Court

There are virtually always expenses that benefit the children as well as the parent receiving child support. Things like rent, utilities, and food are necessary to raise a child. Parents receiving child support are also encouraged to save any money left over for unexpected expenses related to the child that will almost certainly arise. However, if a child is clearly not being provided with essentials, this speaks to neglect and the welfare of the child. If this is the case, you may decide that returning to court is necessary.

Contact a Kane County, IL Child Support Lawyer

If you are certain that misuse of child support funds is leaving your children without the basics, speaking to an experienced Geneva, IL child support attorney can be helpful. You never want to see your children going without, especially when enough child support is being provided for their needs. Contact Serrano Hanson at 630-844-8781 to schedule an initial consultation with a knowledgeable family law attorney. We are fluent in Spanish and English.