What Can I Do if My Ex Spends Child Support on Herself? | IL

 Posted on September 11, 2024 in Child Support

When parents get a divorce, arrangements are made for one parent to pay child support to the other to ensure the welfare of the child. Many factors are considered when determining how much money a parent needs to pay the other, including the parents’ financial situation and the child’s needs. That is why it can be so frustrating to discover that your ex is spending the child support payments on herself instead of your child. If this is happening to you, speak with a skilled DuPage County, IL divorce lawyer to review your options.

How Can I Make Sure Child Support Is Being Spent on My Child?

Once you make your child support payments, your ex can use her discretion to spend it as she sees fit. You are no longer entitled to the money, as it is hers to use.

Although she is not obligated to show you how she spends it, some behaviors could indicate she is using the money for herself. For example, if her income has not changed but her standard of living has improved, or you often see her in new clothing, dining out, and with new jewelry, she might be spending it on herself instead of on your child.

Generally speaking, parents cannot bring a court action because they believe an ex is not spending child support properly. However, if there are clear signs your child is being neglected while your ex is clearly thriving, you may have a strong case. Signs of neglect might include: 

• Always wearing dirty, worn, or too-small clothes

• Not getting enough to eat

• Not having the child’s medical needs taken care of 

• Not having the supplies needed for school 

What Can Be Done if I Suspect My Ex Is Using Child Support for Herself?

There are certain steps you can take to try to prove your suspicions that your ex is spending your child support payments on herself instead of your child. These include:

• Collect evidence: This is essential for convincing a judge that the money is not being spent on your child.

• Consult with a lawyer: Someone with experience handling similar cases can help you navigate trying to prove your claims. If your child’s needs are being neglected as a result of your ex’s spending, a lawyer can help you figure out what you should do about it.

• Make sure to keep your child out of it: Your dispute with your ex should remain between the two of you for a couple of reasons. First, it can harm a child to be caught in the middle of their parents’ arguments. Second, you could be accused of parental alienation if you convince your child that their other parent is not taking care of them properly, and that can have serious legal and custodial consequences.

Schedule a Free Consultation with a Wheaton, IL Divorce Lawyer

If you suspect your ex of spending child support on herself instead of your child, speak with a dedicated DuPage County, IL family law attorney to understand how to proceed. At Fawell & Fawell, we know how distressing it can be to discover that your child is not getting the care they deserve. Call us at 630-871-2400 so we can work together on fixing this situation.