My fiance has 50/50 custody of his two kids with his ex who also receives $600.00 a month in child support. She has been lying about her finances and has been pocketing $830.00 a month because it turns out we are paying all of her bills! Is this legal?
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A goober
ANSWERS: 4
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First off, your fiance can't have 50/50 custody and child support. If he has the kid 50% of the time, then he is directly supporting the child. Can the mother use child support for bills? Unfortunately, yes. The kids need utilities too. The court does not care if the mother inadvertently benefits from the relatonship.
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We need more information. Does your fiance have joint physical custody, where he has the children in his possession 50% of the time? Most people have joint legal custody, with one parent having primary physical custody and the other parent having "visitation." Do you really think $600 a month ($300 per child) is an excessive amount to pay for half of the food, shelter, clothing, education expenses, extracurricular activities, and entertainment for two children? I have two little boys that drink $120 worth of milk every month. That's just MILK ... and the boys spend three weekends a month with their dad. The amount of child support is based on the combined income of the parties. For example: If the father makes $80,000/year and the mother makes $20,000/year, the kids should be entitled to the same benefits the children a $100,000 family would receive (cable TV, going out to eat, etc.), even if the children are now living with the $20,000 earning mother. The children shouldn't be punished for the mistakes of their parents and should be entitled to live in the lifestyle to which they were accustomed during the marriage.
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You should definitely take this to court. She cannot under any circumstances withhold visitation, that is illegal. She would be in violation of a court order,and could be subject to contempt of court. If she is lying about her finances, that is also illegal. The courts would petition her for proof of income, usually in the form of bank statements.
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If the court ordered him to pay that $ it will likely not be adjusted or stopped unless you can prove that one parties income has changed. In Wisconsin we can appeal it every 2 years. I have 50/50 custody and also receive child support. I was essentially a stay at home mom for 14 years working part-time around his swing shift schedule. The kids deserve to have the same quality of life in both households......... Keep peace, it will make you richer.
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