My Ex Is Spending Child Support Funds on Herself. What Can I Do?

 Posted on November 18, 2024 in Child Support

Child support arrangements are made to ensure that a child’s needs can be provided for, regardless of the financial situation of the parent responsible. Often, if one parent focused more on developing a lucrative career and the other was a stay-at-home parent, the working parent pays child support to the non-working parent. The goal is to ensure that parents can cover food, clothing, education, healthcare, and other costs for the child when they are together.

However, the purpose of child support is quite clear from its name. It is meant to cover the child’s needs, not the other parent’s. Illinois law aims to ensure that both spouses, regardless of their finances and employment, can maintain something close to their previous standard of living. That is why a couple’s marital assets will be divided fairly and why spousal support can also be ordered. 

However, child support funds are intended to benefit the child. If you believe your ex is using your child support payments for her needs, speak with an experienced Illinois child support attorney to understand your options.

What Can Child Support Payments Be Used For?

Child support is a legal obligation, and the funds paid are meant to benefit the child. According to Illinois law, these payments should help cover:

• Basic needs: the child’s food, clothing, and housing.

• Healthcare: insurance premiums and medical expenses for the child

• Education: the child’s school tuition, supplies, tutoring, and extracurriculars

• Childcare: daycare or after-school care

Parents who receive child support have full discretion over how they spend that money. That being said, if your child never seems to have necessary school supplies or enough clothes that fit, or if he or she asks you to pay for things that your ex should have paid for, for example, school club membership fees, you might suspect that the payments are being used for your ex’s own benefit.

What Can I Do if My Ex Is Spending Child Support Payments on Herself?

If you think your ex is using child support payments on herself instead of your children, there are several steps to take, including:

• Gather proof: Keep organized records of the payments you have made, when, and in what amount. Also, keep track of any information indicating that your child’s needs were not covered when your ex had visitation or was otherwise responsible.

• If possible, speak with your ex: This of course is not a viable option for many people, but if you can have a reasonable discussion with her, ask her what is happening with the payments and why your child’s needs do not seem to be taken care of. Maybe it is a misunderstanding and a conversation will clear up confusion. 

• Speak with a lawyer: To understand your options and make sure your child’s needs are met, discuss your concerns with an attorney who has handled similar cases so you can understand your options. 

However you decide to proceed, do not let your child get involved. Exposing a child to a fight between parents can be damaging emotionally, not to mention you might accidentally open yourself up to accusations of parental alienation. This is not something to be sharing with your child.

Schedule a Free Consultation with a Schaumburg, IL Child Support Lawyer

If you suspect that your ex is using your child support payments for her own benefit, speak with a qualified Illinois family law attorney about how to proceed. You have agreed to make these payments with the understanding that your child’s needs will be taken care of. To find out otherwise can be extremely distressing. At A. Traub & Associates, we are dedicated to helping families get through challenging periods and moving past them. Call us at 630-426-0196 to schedule a private consultation.