Legal Question in Family Law in Washington
Accouonting for spending of Child Support
I understand that in 1990 some sort of legislation was passed that would provide accountability as how the custodial parent uses the money sent to her for the children. We all know that the support schedules make assumptions of any support of a lifestyle but there are no teeth to insure that is accomplished. I am frustrated by that fact every time I move up some financially my support goes up but I see no change in benefits to the kids... in fact, she has told the children she needs the money for her retirement fund!! Why are only the custodial parents entitled to upward mobility!! I already paid for her to bet her bachelors degree (RN) so she is financially sound. Why doesn't anyone ask why ?? If we were married I would have the right to ask what happened to the money--it seems the support schedule is based on the premise "as if the dual incomes flowed into one household" which is how the calculations are based--how about accountablity --instead of a mindset of "pay the support and shut up!!" Your guidance is appreciated.
Sincerely,
Divorced father of ll years
1 Answer from Attorneys
Re: Accouonting for spending of Child Support
CHAPTER 26.19 RCW CHILD SUPPORT SCHEDULE http://www.leg.wa.gov/pub/rcw/title_26/chapter_019/
RCW 26.23.050 Support orders http://www.leg.wa.gov/pub/rcw/title_26/chapter_023/rcw_26_23_050.txt
(1) If the division of child support is providing support enforcement
services under RCW 26.23.045, or if a party is applying for support
enforcement services by signing the application form on the bottom
of the support order, the superior court shall include in all court
orders that establish or modify a support obligation:
(c) A statement that the receiving parent might be required to
submit an accounting of how the support is being spent to benefit
the child;
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If your support order doesn't include this provision, you should make a motion to the court to include it AND to require mom to give you an accounting, say on a quarterly or semianual basis.
Watch out, however, that the ordered support amount isn't raised.
Gary Preble
Olympia
360-943-6960