Me and my ex are trying to reach an agreement on the amount of child support. I (respondent and non-custodian parent) basically agree to pay for the child support calculated by the state's standard child support schedule worksheet. However, I want to make sure *ALL* the child support funds will only go to the kids and not be misused by the custodian parent. Is it a reasonable request to ask the court to order me and my ex to setup an account to keep all the funds contributed by both of us? The account will be managed by a trusted third party, and have the third party to process and audit the child expense claims? Thank you!
Child Custody Lawyer
Sure, you can make that request, whether it is granted or not depends on whether to non-custodial parent agrees. If not, you're going to have to make some arguments as to why payment through the registry is insufficient.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
Divorce / Separation Lawyer
It's highly unlikely the court would approve this arrangement if it's opposed by the other parent. Even if it's entered by agreement, it would be very vulnerable to modification on an "unworkability" basis or voided as against public policy. How would the inevitable conflicts be resolved? For example, what are the powers of the third party manager? Can they just declare that some expense won't be paid from the fund because they don't deem it legitimate? How will food, rent and utility bills be paid in each household, which are typical uses of child support? Requiring an accounting for basic support was at one time authorized by statute, but it was eventually repealed because it caused more problems than it fixed. Special expenses can be subject to joint control by both parents, but not basic child support. Also remember that child support is a right of the child, not a parent, so agreements between the parents on that topic are not as strong as other kinds of agreements.
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