Legal Question in Family Law in Texas

Justify child suport money NOT spent on child

previously I asked the below question (bottom) but I guess I didn't fully explain. This chiild that IS SUPPOSED to receive 1,500 per month in child support (plus 50% of all medical co-pays) hardly gets any of the monies (yes besides utilities, rides in vehicle) spent on her. This girl dresses raggy, has only had her hair cut proffesionaly once in her 13 years of life,badly needs braces, DOES NOT GET TO GO ON VACATIONS WITH MOTHER OR HER OTHER CHILD FROM HER CURRENT MARRIAGE. Her mother's 'new' child (age 7 years) has a cell phone but not this 13 year old child. There is much more, I'd guess that her mother only spends a couple of hundred dollars on the child and pockets the rest. Isn't child SUPPORT supposed to be just that- support? Not just the NCP paying everything and the CP using NONE of her money but more importantly the CP keeps most of the child support that the NCP pays for herself. Below is the question that I asked earlier.

My husband pays an exorbitant amont of child support for his daughter but his ex-wife spends very little on the child. The child is pretty much fiancially neglected by her mother whom makes over 6 figures herself. Is there any law or way to have his ex-wife justify what she sends the monies on?


Asked on 4/27/09, 3:59 am

2 Answers from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Justify child suport money NOT spent on child

If it's that bad and the child will say she wants to live with dad, why doesn't your husband file for custody. If you can prove what you are saying it sounds like it should be doable. Then Mom can pay support based on her 6 figure salary.

It seems like changing custody and seeing that the child is properly taken care of should be of more concern than the amount of child support.

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Answered on 4/27/09, 10:48 am
Fran Brochstein Attorney & Mediator

Re: Justify child suport money NOT spent on child

A cell phone is not required by any court!

If her life is horrible, she can sign a statement asking that the court allow her to live with her father. It is NOT binding on the court.

I assume that his child support is based on TX guideline support. If his income has gone down, then he can ask for a modification of his monthly child support payment.

I highly recommend that you sit down with a family law attorney and learn the laws of TX.

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Answered on 4/27/09, 10:42 pm


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