Ask Experts Questions for FREE Help !
Ask
    Concepcion08's Avatar
    Concepcion08 Posts: 33, Reputation: 1
    Junior Member
     
    #1

    May 2, 2009, 01:44 PM
    Child Support
    My husband and I would like to know what child support is supposed to be used for? We know that is supposed to be used for clothing, food,and rent but does it also include activities?

    If anybody could help us in the matter we would appreciate it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 2, 2009, 01:47 PM

    There is generally no specific list of things. Also, support is generally not the only income for the custodial parent. So, without an exact accounting, the NCP wouldn't know what support is actually being spent on.

    Why are you asking?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #3

    May 2, 2009, 01:48 PM

    It can be used for whatever you want.
    It is suppose to be used for the kids.
    Yes you can use to go to the movies, buy video games or whatever.
    Concepcion08's Avatar
    Concepcion08 Posts: 33, Reputation: 1
    Junior Member
     
    #4

    May 2, 2009, 01:53 PM
    Quote Originally Posted by ScottGem View Post
    There is generally no specific list of things. Also, support is generally not the only income for the custodial parent. So, without an exact accounting, the NCP wouldn't know what support is actually being spent on.

    Why are you asking?

    I am asking because, his exwife is taking their daughter to dance classes and she is saying that he has to pay for half and I told that is what the child support is for. He is ordered to pay 300 monthly.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    May 2, 2009, 02:08 PM

    You are both wrong. The mom cannot ask for additional monies for something like dance classes. If she tried going to court for the additional money for that purpose it would be denied.

    However, support is not primarily for such activities and $300 is hardly enough to feed and clothe a child.

    So the question becomes, whether your husband cares for his daughter. If he does and he can afford, then he would want to contribute to the classes (assuming that's what the daughter wants).
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #6

    May 2, 2009, 02:09 PM

    Then if she wants him to pay she needs to take him back to court to see IF she can get it modified unless there is something in the order that says 50/50 for things like that. He can make an offer of his own.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    May 2, 2009, 02:23 PM

    Yes, he must be making min wage if he is only paying 300 a month. But the person who gets the child support may use the money for anything they want.

    Unless the court order says other money has to be paid, he does not have to pay one penny not ordered by the court
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
    Ultra Member
     
    #8

    May 2, 2009, 02:48 PM

    In California dance classes are what we would call a discretionary add-on, sort of like private schools, or optional educational activities. The judge may, but doesn't have to, order the support obligor pay 1/2 of those expenses.

    Child support is not apportioned in its purpose. It's pretty much to be used for everything except daycare expenses, unpaid healthcare expenses (co-pays, etc), which are mandatory extras and usually shared equally and paid as additional support. There is also a category of optional add-ons, like travel expenses and optional educational expenditures (again dance classes, boy scouts) which in the court's discretion can be ordered equally shared.
    Concepcion08's Avatar
    Concepcion08 Posts: 33, Reputation: 1
    Junior Member
     
    #9

    May 3, 2009, 09:33 AM
    Quote Originally Posted by N0help4u View Post
    Then if she wants him to pay she needs to take him back to court to see IF she can get it modified unless there is something in the order that says 50/50 for things like that. He can make an offer of his own.

    There is nothing in the order for extra only for the 300 a month and he had to pay for health insurance. She did not talk to him about the dance classes with him if she did we would be able to fit half in our expanses (we would have no problem with paying half). His daughter is only 4. This woman is trying to be in control as I c it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #10

    May 3, 2009, 09:36 AM

    It works best if the two parents can work together, If he wants to help pay for dance classes, he can do it by paying the school directly 1/2 or agree to pay the school every other month
    Concepcion08's Avatar
    Concepcion08 Posts: 33, Reputation: 1
    Junior Member
     
    #11

    May 3, 2009, 09:38 AM
    Quote Originally Posted by ScottGem View Post
    You are both wrong. The mom cannot ask for additional monies for something like dance classes. If she tried going to court for the additional money for that purpose it would be denied.

    However, support is not primarily for such activities and $300 is hardly enough to feed and clothe a child.

    So the question becomes, whether your husband cares for his daughter. If he does and he can afford, then he would want to contribute to the classes (assuming that's what the daughter wants).
    Yes he cares for his daughter and would do anything for her, his ex-wife enrolled her in to the class and told him that he has to pay for half their daughter is only 4 assuming she does want to be in dance classes but we think that she pay their daughter in the classes for him to put out more money then what he is paying in childsupport.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    May 3, 2009, 09:43 AM
    Quote Originally Posted by Concepcion08 View Post
    This woman is trying to be in control as i c it.
    It may very well be, but I see you as wanting some control also. If your husband is amenable to helping pay for the school, then HE should talk to his daughter and make sure its what she wants. If it is, then HE talks to his ex and says to her that he doesn't mind helping with the cost, but, since they have joint legal custody, he should be consulted BEFORE she makes such decisions. That in the future he will not help out with cvosts from decisions she makes without him.
    Concepcion08's Avatar
    Concepcion08 Posts: 33, Reputation: 1
    Junior Member
     
    #13

    May 3, 2009, 09:57 AM
    Quote Originally Posted by ScottGem View Post
    It may very well be, but I see you as wanting some control also. If your husband is amenable to helping pay for the school, then HE should talk to his daughter and make sure its what she wants. If it is, then HE talks to his ex and says to her that he doesn't mind helping with the cost, but, since they have joint legal custody, he should be consulted BEFORE she makes such decisions. That in the future he will not help out with cvosts from decisions she makes without him.

    We want some control also but it is impossible cause in the courts she brought up his past and how he was. She has all legal custody and when he visits their daughter she has to b present at all times and its only for 5 hours and even then he does not get his 5 full hours, its from 1 to 5 and he is home by 230pm.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #14

    May 3, 2009, 10:34 AM
    Quote Originally Posted by Concepcion08 View Post
    We want some control also but it is impossible cause in the courts she brought up his past and how he was. She has all legal custody and when he visits their daughter she has to b present at all times and its only for 5 hours and even then he does not get his 5 full hours, its from 1 to 5 and he is home by 230pm.
    It always amazes me how the truth often comes out, little by little. So apparently there is something in your husband's past (we don't need to know what), that prompted the court to give the mother full legal custody and supervised visits. In that case, then she does not have to consult the father in making any decisions about the child's rearing. On the other hand, he is not required to pay anything beyond what the court orders.

    Maybe he needs to try harder to make the relationship with the mother more amenable for the sake of the child.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Child Support - 2 child living at separate parents - 1 child turning 18 soon. [ 6 Answers ]

I will try not to make this too long but I went through a 3 year court battle with my ex with our 2 kids who are now 17 (Daughter) and 15 (Son). My son has been living with his dad since he was like 9 because I let him. Court battle was dropped due to judge thinking my ex was lying after 3 years...

Should I File for Child Abandonment or Continue to Wait for my Child Support Hearing? [ 8 Answers ]

I have a 3 year old child out of wedlock and I broke up with his father since September 2008. He was abusive and I had him arrested. After he got out of jail, I allowed him to still see our child. We agreed that he would pay the child support without the courts being involved. Well of course that...


View more questions Search