Legal Question in Family Law in New York

How child support is spent and what is enough

When the court looks to modify child support do they look at how the money is spent? Say the kids have been getting $25K and that is enough, but based on the formulas, the ex could get $40K, woudl the court just give the extra $15K without any regard as to how it will be spent or what it will be used for? I would not mind giving more if I knew it was being saved for college, but I know my ex is not using all the money I give her for the kids. It seems to me the law does not ask how the child support is spent and it should. Thank you.


Asked on 6/28/04, 9:25 pm

1 Answer from Attorneys
Peter J. Kelley Peter J. Kelley & Associates

Re: How child support is spent and what is enough

In New York, the court generally does not audit how the child support income is spent. For families earning $80,000 or less, the award is based on a strict mathematical formula set by law. For families with income greater than that level, the award may be larger and may include provisions that a trust fund be set up, that life insurance be purchased to assure support if the parent dies, or that the parents fund private schooling for the children. But the court does not normally second-guess the custodial parent as to how he or she spends the basic cash award.

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Answered on 6/28/04, 10:31 pm


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