Legal Question in Family Law in Texas
Collected CS arrears usage
If I collect child support arrears can I use this money towards purchases that the entire family benefits such as a new vehicle? Since I have already expended my own money while child support was not being received and was not able to save for such a purchase. Do I violate some laws by using the collected arrears in such a manner?
2 Answers from Attorneys
Re: Collected CS arrears usage
Child support is not designated as to what it may be spent for. I don't know of a judge who would tell you how to spend child support arrears.
Re: Collected CS arrears usage
Child support is not "allocated" for any particular purpose. And for good reason. While many people complain that a parent uses the support for the parent and not the child, they don't take into consideration that the parent provides food, shelter, transportation, clothing, etc. for the child every day. So what if the person with primary possession buys something for himself or herself immediately after getting the child support check. Maybe he or she is just paying for something that would have been purchased earlier if not for the family's other expenses, including those of the child. I have NEVER seen a judge award child support that I thought was more than appropriate for the circumstances.
The exception, is that the non-custodial parent IS most often required to pay for health insurance and I have seen decrees with requirements for educational expenses, but those are the exceptions.