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cheebdragon's avatar

Can child support be used to purchase anything?

Asked by cheebdragon (20596points) December 29th, 2013 from iPhone

It seems like you should be able to see exactly what the money is being spent on.

A 5 year old could be happy and healthy without having her own iPad. Could you justify using child support to buy an iPad, legally or morally?

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15 Answers

SadieMartinPaul's avatar

How do you know that the child doesn’t need an iPad? Many schools now require students to be plugged-in, with work assignments going back and forth electronically. I don’t agree with this – in fact, I think that children learned more, and performed better, with the simplicity of chalkboards and composition books – but that’s the way it is in many places.

Even if the iPad’s a luxury, not a necessity, is it so awful for the child to have some nice things? You don’t dispute that the money was spent on “her own iPad,” so you know that the money’s being used as intended – for the child’s benefit. The custodial parent didn’t illegally and unethically spend the funds on himself/herself.

If the noncustodial parent can demonstrate that the iPad is excessive, unnecessary, a waste of child support, and an unfair burden on finances, he/she can go back to court and ask to have the payments reduced.

ibstubro's avatar

Yes, child support is spent at the discretion of the custodial parent.

zenvelo's avatar

Child support can be spent on anything, as long as the child’s needs are being met and the custodial parent is doing the best to maintain a lifestyle for the child.

Sounds like the non-custodial parent has some control issues that are unresolved, which may be behind the reason for the parents not being together.

SadieMartinPaul's avatar

@ibstubro Provided that the money’s spent on the child. The expenditures can be direct (food, clothing, medical care) or indirect (housing costs, a vacation accompanied by the custodial parent). But, the custodial parent’s discretion doesn’t include her Spa Day or his dinner out with a new girlfriend.

zenvelo's avatar

^^^ The custodial parent does not have to provide a one for one accounting of any and all expenditures, and can commingle funds.

SadieMartinPaul's avatar

^^^ I believe that this depends on state law and the terms of the specific support agreement.

hearkat's avatar

Child support is a crappy solution to an even crappier problem; it aims to be as impartial as possible in a contentious situation, and I have not heard any proposals for a better system. I have seen it from both sides, and no one has it easy.

The intention is for the custodial parent to maintain the same standard of living that the child would have if the parents were together, and the child support can be spent at the discretion of the custodial parent. I would be surprised if there is much variability in the rules across the United States; and situationally, I think that only medical allowances for special-needs kids have to be accounted for.

I have heard of Kindergarten programs where the students are being taught on tablets. If the non-custodial parent feels that the child’s needs are being neglected, they should document the evidence of neglect and try to get custody of their child. If they feel that the proportional distribution of income is incorrect, they can petition the court for a new hearing on the child support calculations.

RealEyesRealizeRealLies's avatar

As long as he’s clean, happy, and with a full belly, I don’t care how she spends the money.

cheebdragon's avatar

This is why I have an issue with a 5 year old having an iPad.

Even if a tablet is needed for school, there are plenty of tablets for $50—$100, it doesn’t make sense to spend $400—$500 on an iPad. What happened to buying kids a fucking Barbie?

hearkat's avatar

Several months have passed since that post, @cheebdragon; has your brother hired an attorney and pursued proof of paternity? If the child has his DNA, has he pursued court-ordered visitation?

Child support is a separate issue from visitation. Your brother has options, and it is up to him to pursue them. If he chooses to do nothing about the situation, then he has to deal with the consequences.

RealEyesRealizeRealLies's avatar

An iPad is better than a GameBoy and no different than having a Wii.

I don’t understand the problem of encouraging a five year old to embrace technology that can game and teach. I think it’s great she has one. I think the adults in her life should be grateful and pleased that she does have one.

I really don’t understand comparing such a thing to a “fucking” Barbie. I hope that tone of spitefulness doesn’t waft past the child.

LilCosmo's avatar

I see no reason for a five year-old to have his/her own ipad. I think that is over indulgence at its finest. That being said, I wouldn’t have any problem with a single parent spending child support money for a bit of pampering. Being a single parent is challenging and leaves one with very little downtime, if a manicure now and then helps the parent retain sanity, the child benefits. As long as the children the support is paid for are well taken care of the money should be spent at the discretion of the custodial parent.

I skimmed the other question you linked and I have to say the woman your brother had the misfortune to impregnate is a woman who could not care any less about the welfare of her child. Her priorities are clearly misplaced. I hope your brother is making headway in obtaining a legal remedy for her selfish abhorrent behavior.

Dutchess_III's avatar

@cheebdragon As @hearkat asked, what new developments have there been in your brother’s situation?

ibstubro's avatar

If I gave a 5 year old a $500 hand held device, it would have to be doctor ordered, physician approved!

Hell, if I give MYSELF a $500 hand held device, someone call the paramedics. I obviously need a psych evaluation!

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