Child support payments used for other services/expenses while child is not living with the parent.

Full question:

Is it fraud when a parent receives child support checks and the child is not living there or received any money from those checks? The parent spent the money on themself.

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: North Carolina

Answer:

If the child no longer resides with the custodial parent, a review of the child support order may be necessary. Support monies collected are expected to be used for the child's expenses, including food, shelter, clothing and educational needs, rather than "spending money" for the child. Courts have held that it is acceptable for child support payments to be used to indirectly benefit the custodial parent. For example, child support monies may be used to heat the child's residence, even if others also benefit. Child support orders may earmark funds for specific items for the child, such as school fees, day care or medical expenses. Orders may also require each parent to assume a percentage of expenses for various needs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can sue someone for lying about child support. If a parent provides false information regarding their income or financial situation to reduce their child support payments, the other parent may seek legal action. This could involve modifying the child support order or pursuing a claim for fraud. It's important to gather evidence and consult with a family law attorney for guidance on how to proceed.