Legal Question in Family Law in Indiana
Child Support
I am the custodial parent of my 2 boys. My ex-wife pays support at her convenience and the state takes her taxes for arrears. Technically can I use the child support in any way I see fit to provide for my sons necessities? Does my ex-wife have any say in the matter?
1 Answer from Attorneys
Re: Child Support
Even when a non-custodial parent pays support regularly, he or she cannot compel the manner in which it is spent. While the law allows for accounting of support received, we have yet to find a case that has gone to appeal in which an accounting was either required or refused by the Court. Hence, the custodial parent is entitled to use the support received within the context of his or her family budget necessary to raise the children. Often non-custodians believe that they must see a certain dollar amount of new clothing or toys for a child as represented by the support amount. This is not the case. Some of support goes to housing, some to food, some to clothing, some to education, some to transportation and so on. The only possible amount to account for is if the Court has imposed the 6% rule for uninsured medical expenses.