What If My Former Spouse Does Not Use the Child Support For Our Children? Can I Demand an Accounting?

DuPage County Divorce Lawyers for Child Support Payment Misuse

Child support is an issue that can lead to disputes between divorcing spouses or parents who have already broken up. Payments made by one parent to the other are meant to address children's needs. However, situations may arise where one parent is concerned that the other parent is not using child support payments appropriately. They may believe that their ex is using the money on themselves rather than their children or that it is being squandered on items that are unnecessary. For a parent who wants to make sure their hard-earned money is being used correctly, questions may arise about whether they can force their ex-partner to account for how child support is being spent.

If you suspect that your ex-spouse may not be using your child support payments for your children's expenses, you generally will not be able to request an accounting of your ex-spouse's finances. Unfortunately, you usually will not be able to reveal how the money was used or where it was spent. For decades, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped clients with cases such as these, and we can explain why laws like this are in place. We will advise you on the best ways to address concerns about child support or other issues related to your children.

Child Support Laws in Illinois

According to Illinois law, when the court determines how much child support you will be paying, the guidelines state that the amount will be the minimum. That is, the amount that is calculated is considered to be the minimum amount that will provide adequate care for your children. Included in this care is food, clothing, housing, and any other necessities that may arise. Since you are only paying the minimum, there is no accounting required by your ex-spouse for how every dollar is spent. The number one priority of the court is to ensure that your children receive adequate care from you and/or your ex-spouse. The amount you are required to pay is considered to be adequate to meet their needs, and your ex will also be presumed to contribute their portion of the child support obligations directly to the needs of your children. If you are concerned that your children's needs are not being met, you may need to take other steps to address this issue. If you can provide evidence showing that your children's health, safety, or well-being is at risk, such as your ex's eviction from their home due to non-payment of rent or indications that your children are not receiving the proper nutrition or medical care, you may be able to bring these issues to the court's attention and request a modification of child custody or child support. If you believe you should have your child support payment amount changed for any reason, such as the loss of your job or increases in your living expenses, our attorneys can help you pursue a post-decree modification.

Contact Our Wheaton Child Support Attorneys

It may be tough to see your ex-spouse seemingly spend money on something not intended for your children. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers are here to ensure that your child's rights are protected. If you would like us to explain more about the laws involving your Illinois child support payments, or anything else regarding your divorce, please contact us. Call today at 630-665-7300. With offices located in Wheaton, Illinois, we have helped clients with divorces throughout DuPage, Kane, and Kendall Counties. Set up a consultation with our skilled team as soon as possible.