Q:I am paying support for my children, but don’t see it going to them. It seems it gets spent on other things and I don’t like that. How can I ensure the money I pay is spent directly on my children?
A:If only I had a dollar for every paying parent who asked me this over the last three decades. There are always complaints about how child support is used. My experience is that it is infrequently abused.
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The first thing to realize is that every penny of child support does not have to be spent directly on the children. The amount of support, as outlined in the Child Support Guidelines, is calculated to cover the cost of having children under your roof.
There is a portion of child support earmarked for rent or mortgage payments, utilities, taxes, food and other household expenses.
The recipient spouse is not legally obligated to spend every penny directly on the children. You didn’t do that when you were together, so the recipient doesn’t have to do it now.
If you see genuine signs of wasting money at the same time that the children are doing without, you may have a complaint, but there must be no doubt about the financial misconduct.
There are always exceptions to every rule. Sometimes judges will order support payments directly to the children.
In a recent Ontario case, a couple who had separated almost 20 years earlier continued to fight, usually in front of or involving the children.
At one point, they were exchanging scathing e-mails and the mother sent them to her university-aged children.
To quell the hostilities, the judge ordered the father to pay the support directly to the recipient instead of the mother. One of the judge’s comments was that “the conflict was chronic and passionate.”
To order direct payments, hostility doesn’t have to be at this level, but it is usually used in high conflict cases.
Remember that these payments are for your children and to ensure they have a suitable lifestyle and all the necessities. Both parents should be generous when considering payments for their welfare.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon. Contact: rdanyliuk@producer.com .
