Child Support Visa Card


#1

No he can not dictate what child support is spent on.
My husband’s ex spends the child support to pay her mortgage payment so that would normally mean that anything else for the rest of the month is her finacial responsibility, though it doesn’t normally work out that way. Unless you are asking him to pay for extra things during the month or telling him it’s not enough then there should be no reason for him to need to know what the money is spent on. Child support is his portion of what it takes to raise your child per month and regardless of whether you spend it entirely on your child or on yourself there’s nothing he can legally do. That’s just how the system works.
So he’s going to give you a pre-paid Visa? Are these issued from the bank? Your name will be on this, so if it’s from the bank, then I suggest you take it to the bank and get the entire amount in cash and then deposit this into your account. Another thing that he should think about is will he be able to track this as a child support payment when/if he decides to take this to court?
EDIT: This wouldn’t be a bad idea if you and your ex shared custody and could work it out where you both contributed to the account. This way things like school supplies and clothes could come from one account. But with primary custody, this scenario sounds like your ex is trying to keep tabs on you and trying to cause you more grief…tell him that you will refuse to use the card and that you will take him to court for failure to pay child support.


#2

Thank you… This is what I thought. I do not ask for more than what is pre-determined in our sep. agree. Of course it is spent on the cost of living and not on extraordinary things. I am not sure of his angle on this one.

quote:
[i]Originally posted by stepmother[/i] [br]No he can not dictate what child support is spent on. My husband's ex spends the child support to pay her mortgage payment so that would normally mean that anything else for the rest of the month is her finacial responsibility, though it doesn't normally work out that way. Unless you are asking him to pay for extra things during the month or telling him it's not enough then there should be no reason for him to need to know what the money is spent on. Child support is his portion of what it takes to raise your child per month and regardless of whether you spend it entirely on your child or on yourself there's nothing he can legally do. That's just how the system works. So he's going to give you a pre-paid Visa? Are these issued from the bank? Your name will be on this, so if it's from the bank, then I suggest you take it to the bank and get the entire amount in cash and then deposit this into your account. Another thing that he should think about is will he be able to track this as a child support payment when/if he decides to take this to court? EDIT: This wouldn't be a bad idea if you and your ex shared custody and could work it out where you both contributed to the account. This way things like school supplies and clothes could come from one account. But with primary custody, this scenario sounds like your ex is trying to keep tabs on you and trying to cause you more grief....tell him that you will refuse to use the card and that you will take him to court for failure to pay child support.

#3

Then do this: When he brings it up again say, “HAHAHAHA, whatever way you want to use to track your child support payment is fine with me as long as you don’t stop paying it. You are responsible for paying $x amount to me each month and if you want it to be on a Visa card instead of a check, fine.” That may be a little harsh, but you get the idea. Let him be angry when he sees $300 on grocery bill or using it at the service station…what’s he going to do? It’s his money so if he wants to watch you spend it then let him…but he can’t tell you what you can or can’t spend it on.

What he is trying to do is the same that every parent who has had to pay child support is trying to do…it doesn’t have to be turned in as income on their taxes so they are trying to make a big deal out of if you use it to pay your electric bill. Because you know realistically, you would need power regardless of whether or not the child lives with you so why should they pay for that? What most of us have learned after being in this for a while, reading these forums and being told by attorney’s is that as long as that child is not being neglected, is being fed, clothed and cared for, it doesn’t matter if the other parent wants to spend every dollar of that child support money on lottery tickets. The courts are not going to care…and there’s nothing that can be done.


#4

Very nice… I actually got a chuckle out of this as well. Which is rare these days so thanks for the laugh.

quote:
[i]Originally posted by stepmother[/i] [br]Then do this: When he brings it up again say, "HAHAHAHA, whatever way you want to use to track your child support payment is fine with me as long as you don't stop paying it. You are responsible for paying $x amount to me each month and if you want it to be on a Visa card instead of a check, fine." That may be a little harsh, but you get the idea. Let him be angry when he sees $300 on grocery bill or using it at the service station.....what's he going to do? It's his money so if he wants to watch you spend it then let him...but he can't tell you what you can or can't spend it on.

What he is trying to do is the same that every parent who has had to pay child support is trying to do…it doesn’t have to be turned in as income on their taxes so they are trying to make a big deal out of if you use it to pay your electric bill. Because you know realistically, you would need power regardless of whether or not the child lives with you so why should they pay for that? What most of us have learned after being in this for a while, reading these forums and being told by attorney’s is that as long as that child is not being neglected, is being fed, clothed and cared for, it doesn’t matter if the other parent wants to spend every dollar of that child support money on lottery tickets. The courts are not going to care…and there’s nothing that can be done.



#5

Also, if he doesn’t like the way it is set up, go through the state to collect your child’s support. They do the collection, enforcement and will represent the intrests of the child in monetary responsibility. Support amounts are set up based on income/custody. He can call them up and complain you are buying this and that, but ultimately they will look at your income, his income, and come up with a fair amount and basically tell him to stuff it when it comes to a breakdown of what money goes to where. If you do go this route, make sure to factor in expenses such as camps and extra curricular activities, because from reading your previous posts I have a feeling he would not contribute anything at all to these things. BTW… it looks like he’s talking to you now… ha ha ha ha. He is no longer your husband, he has no say in ANYTHING you do as long as you aren’t endangering your child. Any income, alimony, child support, paycheck, is yours to spend as you see fit. The only time it would be a problem for him is of your child is doing with out life’s necessities. This goes back to the whole narsistic streak he has developed. He has no more power over you and it’s driving him nuts.


#6

The party paying child support does not get to dictate how it is spent. The law presumes that you are using it for the benefit of the children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#7

I have a question regarding child support. Can your ex dictate how the child support is spent? I always spend every penny on creating a good home for my son. My ex says that he is going to issue a Visa Card to monitor exactly where the funds are going? I don’t think this is legal is it? He is telling exactly where to spend the money and how to spend it? I don’t think that he can do that, can he? I’m 35 years old and do a darned good job raising my son and this is coming out of the blue?? For the record I also work and don’t just sit around waiting for child support… However I don’t think it is any of his business and he shouldn’t be able to do that??