Legal Question in Family Law in Kentucky
What if my ex is gambling with the support I pay?
I'm writing on behalf of my sister, ''Joann,'' because I don't feel her lawyer is doing enough to help.
Joann's ex-husband successfully sued her for child support last year, and she began paying last fall. Her ex has no trouble supporting the two kids, 17 and 13 years old, without my sister's money. He just wants to ''stick it to her.'' He has a pretty malicious attitude toward her; she left him because of his neglect and emotional abuse.
Joann recently found out from her two kids that her ex has been using the child support she sends for gambling trips to Las Vegas and other places, and even uses it to gamble online WITH THE KIDS.
Is there any way to pursue any action against her ex? Can she petition the court to stop paying the support because her ex is flagrantly deferring it to gambling? She would probably be able to make the case that he is doing it out of malice, because he's done other things like this before. He's even physically accosted her, almost pushing her down a flight of stairs, but since it was on his property when it happened and wasn't permanently injured, she didn't pursue it.
Any advice or nudges in the right direction would be wonderful. Thank you so much.
1 Answer from Attorneys
Re: What if my ex is gambling with the support I pay?
I get this question all of the time. Simply put, you cannot dictate how the child support is used. It does not matter how well the ex can support the children without the support, the law requires it to be paid by the non-custodial parent. The payments are based upon a schedule that takes into account both sets of income. A total of income is calculated. The child support schedule will tell how much support is then due of 1, 2 etc. children and so on. The percentage that the non-custodial parent's income is to the total income of the parties is multiplied against the total schedule amount to reach the child support figure to be paid. Insurance and child care may also be added in. That being said, there is a possibity that the ex can be called to account for gambling with the children. This is a "no-no" and a custody change requested. The problem is proving it. This problem also exists with the malice thing. It is very difficult, if not impossible to prove. I've had people want to go to court because the visiting parent drinks around the children. How do you prove it unless it becomes so obvious that it begins showing up in court records. Go to some domestic relations hearings if you can and you will see this in operation. Your sister should speak with her attorney for guidance. Some of the things that you want for her are understandable but difficult, if not impossible in application.