QUESTION
Do parents who pay child support have any legal rights when it comes to the best interest of the child?
Asked on Feb 14th, 2013 on Child Custody - Arizona
More details to this question:
EX: Best interest of child is determined by whom? Who says that the money being paid is in the interest of the child - who determines that? Does the individual paying have any say in how the money is spent?
12 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have two separate questions. The judge decides what is in the best interest of the child when it comes to custody. The child support is presumed to be spent on the child. How can you say that rent, food, clothes do not come from the child support. Unless the parent is gambling the money away or using it to buy drugs, you don't have any say in how it is spent. If those things are happening, then you should go to court and ask for custody to be given to you since it will be in the best interest of the child.
Answered on Feb 18th, 2013 at 11:04 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The best interests of the child are usually considered when determining which parent obtains custody. There are legal steps to be taken if you believe that child support is not being used for the benefit of the child.
Answered on Feb 18th, 2013 at 7:39 PM
John Arthur Smitten
Generally once the money goes to the recipient that's it. If she/he is misusing the money then you can file a motion to require an accounting each month however these motions are rarely if ever granted.
Answered on Feb 17th, 2013 at 8:34 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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When parents work together, they determine the best interests of their own children. When parents cannot work together, the court may have to determine the best interests of the children. Absent extraordinary circumstances, the non-custodial parent has no right to micro-manage custodial parent spending of child support. Consult an experience family law attorney.
Answered on Feb 17th, 2013 at 8:34 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Both parents have a "say" in determining what is best for the child. The payor only has say in how child support is spent if you can prove its being misused, otherwise no.
Answered on Feb 17th, 2013 at 8:27 PM
First of all, whether or not you pay child support has no bearing on the issue of "best interest of the child". That term is used as the standard the court uses to determine what to do when issues are presented to the court. The Parent's need to do what is best for the children at all times. Decisions concerning the children should be made jointly but in order to get that right a parent must first Petition the Court for a reasonable parenting plan. You need to consult with a family law attorney?so they may discuss this issues with you.
Answered on Feb 17th, 2013 at 8:24 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can use child support as trash if you want and no one can stop you. Best interest goes to child custody not support.
Answered on Feb 17th, 2013 at 8:24 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The money is to be used to support the child. This includes, living expenses, rent, food, utilities, clothes, medicine, etc. Rarely is the amount paid ever cover the entire cost of raising a child by one parent compared to two parents supporting a child together in one home. The parent receiving the support determines how to use it. Unless you can show a court that the child's needs are not being met because the money is used for some other reason, which requires admissible evidence to prove, then there isn't much you can do.
Answered on Feb 17th, 2013 at 8:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Best interest of child is determined by a judge if the parents can't agree. Judge's & legal system operate on the presumption that the parent receiving child support is providing for the child's needs and there is no requirement that every penny of child support be traceable directly to the child's benefit. Unless the paying parent has clear and unequivocal evidence that the receiving parent is not providing for the child's needs, the court will not require detailed accountability.
Answered on Feb 17th, 2013 at 8:20 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, the parent who pays has no say in how the money is spent. I'd you think the child is being neglected, file a motion to modify placement/ custody.
Answered on Feb 17th, 2013 at 8:18 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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no, You have little to no say in how the money is spent. If there is a concern that the child is not being properly cared for you should consult a family law attorney in your area immediately, but as far as just "having a say" as to how the other party is spending the money, you are unlikely to get anywhere with that issue.
Answered on Feb 17th, 2013 at 8:16 PM
Payment of child support is not according to the "best interests" standard. It is paid according to a statutory formula, and the paying parent has no say in how the receiving parent applies those funds in his/her household.
Answered on Feb 17th, 2013 at 8:15 PM