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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9321
Experience:  Experienced Family Law Attorney
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I have been packing clothes and hygiene items during s

Customer Question

I have been packing clothes and hygiene items for dad during his visits with our kids. Am I responsible for providing these things on his parenting time? Will it look bad if I stop sending these things for dad? He was supposed to have the kids on Halloween weekend and he had me buy their Halloween costumes because I receive child support from him. He has had me give him money for buying the kids jeans because I didn't send jeans with them. (He did give me the receipt and jeans after.) Can he do this or say how I spend child support? He's had me get the boys haircuts at a salon instead of me using hair clippers at home.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Just a few more minutes please as I'm still working on this for you.

Expert:  LegalGems replied 1 year ago.

Here are the policy considerations behind the state's guideline formula:

The custodial parent is not expected to provide for the child's needs during periods of visitation - that is the obligation of the parent with visitation.

While some parents will send clothes back in forth (since the children grow so fast, it saves both parents money) they rarely send daily hygiene items unless a child chooses to pack something. However, the courts presume that each parent will have all of the child's basic necessities available during the time that the respective parent has with the child.

Of course, the court order can specify otherwise, and state that the custodial parent is to pack for the child prior to visitation, but that is atypical.

Also, it won't look bad to stop doing something that is not court ordered; one can provide notice so that the other parent can go out and get the items they began relying on the other parent to provide for them.

The child support obligation is so that the custodial parent has adequate means to support the child. The custodial parent need not reimburse the other parent for clothing purchases. The obligor parent also cannot determine how child support is to be paid, that is at the discretion of the parent. And there is no requirement that a child's hair cut must be in a salon; many families use clippers at home, especially for boys.

The child support payment does not take care of all of the child's needs- just those that the custodial parent is responsible for.

Expert:  LegalGems replied 1 year ago.

This is from the state bar:

Does the parent who receives the child support (the parent with whom the child lives) have to spend that money on the child?

Yes, but it may be spent indirectly. The money does not have to be spent only on things which go directly to the child, such as clothes or toys. Part of the money will help pay for rent or house payments, utilities, school fees, food, and transportation.

A parent who believes that the child support is being improperly spent should not stop paying support, but should contact an attorney. If the attorney decides there is sufficient evidence, a motion can be filed to ask a judge to review and correct the situation.

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