Misuse of Maintenance Payments

It is not uncommon for separated dads to be concerned at what their ex is doing with the money that is supposed to benefit their child or children. Of course, as responsible and caring dads you want to make sure that the money you pay towards your child's everyday needs is actually being spent on your child. It can be very frustrating and cause considerable anger if you perceive your ex to be splashing out on luxuries, such as holidays and home improvements, with money that you consider to be for your child.

For the Benefit of the Family

Unfortunately, there is very little that can be done about this. The Child Support Agency (CSA) has no control over what happens to the money once payments have been made to the resident parent. It is generally accepted that Child Support Payments can be made to benefit the household, such as on heating bills or other family needs, but often separated dads can suspect that the money is benefiting one person alone: your ex.

Of course, the vast majority of mothers think the world of their children and wouldn't put their own needs before that of their dependants. Your ex may say that she has sources of income that you don't know about, or may say that she is trying to do things that benefit the whole family. Arguably, home improvements or a holiday for all the family may, albeit only on a partial basis, benefit the child – but expensive handbags and shoes won't!

Proving Misuse

On a practical level, it would be very hard to prove that your maintenance payments are being misused. Your ex, as the resident parent, is the decision maker as to household financial expenditure and it is her sole responsibility to ensure that the money is spent appropriately. When confronted, she may simply say that she is using other money to pay for things for herself and using your money for your child's benefit. If there has been a period of time when child support has not been paid, she may 'justify' her expenditure on having to meet the sole financial responsibility during that period.

When You Can Intervene

It is a wholly different scenario if your child's needs are not being met and you are worried about their welfare. For example, it is totally unacceptable for your child to be neglected, abused or poorly treated. If you are seriously worried about the way in which your child is being treated, you need to seek legal advice without delay. Any decision to do so should not be taken lightly and is bound to be met with considerable hostility by your ex. In extreme cases, you could apply for a residence order but bear in mind that the court would always look at the welfare and best interests of the child first.

CSA Reassessment

Of course, there are other options. You could Enter Into Mediation with your ex to try to air your concerns and to reach a mutually satisfactory agreement. If you are paying money through the CSA, you could also ask for a reassessment if the money you are paying is causing Financial Difficulties in comparison to your ex's life of luxury.

When making agreements about maintenance payments (and this is where mediation can help), you could offer to be responsible specifics, such as school dinner money, school trips, nursery/holiday club fees, sports clubs, subscriptions etc. This might help you in knowing just where your money is going.