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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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I pay $1,100/mo in child support for two children, aged 17 ...

Customer Question

I pay $1,100/mo in child support for two children, aged 17 and 19. For the last two years my ex has had a live-in lover who I would hope is contributing to the household expenses. Whether he is or not. he is receiving some residual benefits from my contribution, and I feel like a schmuck. Should I file to amend my child support contribution? Do I have a case? My 17 year-old son has assured me that he hasn't seen much of that money and that it appears to be going to my ex and her lover's weekend jaunts.
Submitted: 9 years ago.
Category: Family Law
Expert:  Walter replied 9 years ago.

Hello,

Welcome to the wonderful world of child support.

Unfortunately no you can not file for a modification of the order as his income and interests have nothing to do with your child support obligation. He can live there and reap all the benefits and there is little you can do. Even if he is contributing millions a year to the household it will not effect how much you pay as his income is not included in the child support calculations.

Unfortunately as far as her spending the money on him this is one of the hardest situations to deal with. if you can prove the children are not being taken care of (IE food, housing,, clothing etc) then you can petition for custody based on her inability to care for them.

Courts are very reluctant to get into the business of how child support is spent as often it is looked at as mom has already paid for the rent, utilities, food clothing etc so the child support is a reimbursement of what she has already spent.

If you would like to attempt to do something you can file a petition to the courts to have this looked into and dealt with but to be honest it would be difficult to prove she is mishandling the money if the children are being provided for.

Walter