Legal Question in Family Law in Minnesota
My husband has been paying child support on his 2 children. He has Been paying $300 dollars a month.She has no job she has been abusing the child support. I will list the reasons....they are as follows Buying alcohol 3 times a day 2 bottles each time,constantly going to the bar, Buying cigarettes, constantly running around , She has not been buying clothes or school supplies for either child. Neither child has medical Insurance threw a company or threw the state. She feels it is none of the county's business on how much money she makes. She is always asking for more money for things child support is supposed to be going for like a surgery for there daughter, clothes for there son, and money for extracurricular activities and more. She has not bought anything for the kids for as long as we know. Please help us!!!
1 Answer from Attorneys
There is no law stating that the child support has to go directly to the children. Of course, that is what child support is for but you cannot force the other party to spend the child support in a certain way. $300 per month for two children is pretty low so likely it would not be worthwhile to request a modification of your husband's child support; however, you can check this out by going to http://childsupportcalculator.dhs.state.mn.us/Calculator.aspx. Before child support can be modified, there has to be a substantial change in circumstances making the current amount unfair. This substantial change has to be a change in child support of at least 20% and a change of at least $75 per month.
If you fear that the children are not being taken care of properly, your husband can report their mother to the county's social services; however, counties usually do not get involved unless the children are in danger. Another option is to motion for a change in custody or parenting time. These motions can be expensive and emotionally draining so I suggest that you consult with an attorney before you go forward with either of these options.
The most important thing is to take care of the children. Eventually they will grow up and probably realize who has had their best interests in mind during their childhood.
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