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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-07-2016, 09:22 AM
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I see a lot of responses about "nothing you can do", "buy them yourself" etc...

My understanding is that child support is to be used in the best interest of the child. I see there are lots of opinions about this, but what is the legal side of child support?

I thought that Child Support is paid on the basis of what you would be contributing if you still lived together. It doesn't appear to be in the best interest of the child to send them out (even to the other parent) with torn and damaged clothes, regardless of whether or not new clothes and shoes are waiting for them on the other end?

If I still lived with my ex, I would be making sure they had proper clothes and footwear, so how can this double standard exist? How can this game be played and still considered to be "in the best interest of the child"?

Or.... am I answering my own question and discovering some double standard in how the law operates?
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Old 11-07-2016, 09:26 AM
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Some points about CS:

1) There is no expectation or requirement that child support will be spent on the child. The mother can send you an email telling you that she spends your CS money on a new fur coat every single month, and there is nothing actually wrong with that at all.

2) In theory, the CP should be sending clothing along with the kids during overnight parenting time with the NCP. In reality of course, that doesn't happen.

3) Lunch is of course covered under CS, so pizza days are not S7.

4) Extracurricular activities are also (mostly) covered under CS, so are not S7. That said, much like offset support, judges don't understand S7 very well.
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Old 11-07-2016, 10:11 AM
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Quote:
Originally Posted by natty2013 View Post
I see a lot of responses about "nothing you can do", "buy them yourself" etc...

My understanding is that child support is to be used in the best interest of the child. I see there are lots of opinions about this, but what is the legal side of child support?

I thought that Child Support is paid on the basis of what you would be contributing if you still lived together. It doesn't appear to be in the best interest of the child to send them out (even to the other parent) with torn and damaged clothes, regardless of whether or not new clothes and shoes are waiting for them on the other end?

If I still lived with my ex, I would be making sure they had proper clothes and footwear, so how can this double standard exist? How can this game be played and still considered to be "in the best interest of the child"?

Or.... am I answering my own question and discovering some double standard in how the law operates?
*IF* you still lived with your ex you would - and could. That's the change: you don't.

You could go out and buy ten pairs of shoes per kid. And the kid could still show up in torn shoes. You can't make anyone do anything. You could take it to court and have an order made and she could still ignore it.
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Old 11-07-2016, 10:54 AM
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Quote:
Originally Posted by natty2013 View Post
My understanding is that child support is to be used in the best interest of the child. I see there are lots of opinions about this, but what is the legal side of child support?
There is no legal requirement for the child support to be spent on the child. The CS is supposed to raise the standard of living of the recipient parent, which in turn raises the standard of living of the child.

Quote:
It doesn't appear to be in the best interest of the child to send them out (even to the other parent) with torn and damaged clothes, regardless of whether or not new clothes and shoes are waiting for them on the other end?
If the parent is being neglectful, you should encourage a teacher or doctor to call CAS and report the parent. An adverse CAS finding would certainly bolster your case for custody.

That said, torn clothes probably don't rise to the level of CAS concern. Therefore, you are out of luck.

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If I still lived with my ex, I would be making sure they had proper clothes and footwear, so how can this double standard exist? How can this game be played and still considered to be "in the best interest of the child"?
How is there a double standard? Compared to what?

Child support is not governed by the "best interests" test. That is custody. Don't confuse the two. Perhaps that is the double standard?

In theory, if you have shared custody, then a sort of best interests test is applied when determining levels of CS. However, if you are a NCP, then the best interests of the child are for you to pay table child support.
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Old 11-07-2016, 11:13 AM
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Your ex could just be doing this to get something from you. For instance, you feel bad and go buy new shoes and clothes. Then they get more from you. Ways to solve it? Buy new shoes and clothes for YOUR HOUSE and send them back to mom in the tatty stuff.

Choose your hill to die on man. This isnt the one!
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Old 11-07-2016, 05:42 PM
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Thank you all for your replies. I appreciate the comments and advice.

I will be investing in some clothes and shoes for my place.
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