QLD Can I see how the child support is spent?

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Troy JD

Member
26 April 2017
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0
1
Hi I'm recently separated, my ex and I have 2 children together. We currently have an agreement that I pay the rent on the house she is in instead of child support. She has now said she wants me to pay child support instead of the rent which i dont have a problem with i love my kids, and want the best for them my issue is she has a 20yr old son who works 3hrs a week and is very lazy. Am I able to see how she would spend the child support as it's for my kids only not her oldest. Thank you for your help
 

Lennon

Well-Known Member
11 September 2014
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719
No you can't see how child support is spent. It is completely at the discretion of the payee.

In my situation I pay over $26k a year for two kids and know without doubt that it's not all spent on the kids, but there's nothing I can do but count down the years until it stops.
 

Troy JD

Member
26 April 2017
2
0
1
No you can't see how child support is spent. It is completely at the discretion of the payee.

In my situation I pay over $26k a year for two kids and know without doubt that it's not all spent on the kids, but there's nothing I can do but count down the years until it stops.

Thank you I think I'm going to be in the same boat. That's what I can see happening here
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
She has now said she wants me to pay child support instead of the rent
First question is... Why?
Find out what has changed before agreeing to anything.
...which i dont have a problem with i love my kids
I'm not a family law guy, and I defer to my expert colleagues in here on the details,
But I'll make two calls -
  1. Regardless, don't agree to any change without a full set of disclosed sensible reasons.

  2. If you do decide to agree to the change, then make a whole new Private Agreement.
You can put almost anything you want in a private agreement.
For example, paying costs for the benefit of the kids can be an option.
In Child Support lingo, this is called "third party payments".

So, it is possible to agree between the parents that instead of
handing over the cash, you can pay expenses directly yourself,
and have them count as Child Support.

So, for example, instead of handing over cash for school fees, clothes, holidays,
swimming lessons, or footy players rego,dentist, orthodontics, private health insurance,
or their phones, then you can pay it yourself.

The kids get the benefit, and the ex never touches the money.
Works well, for the people it works for.
Like all things in family law, in order to be efficient and hassle-minimal,
it depends on both parents behaving like responsible adults*

Have a read of this.

And don't agree to anything without formal, case specific, legal advice.


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* Accept that you will never get down to the groceries-for-your-kids-but-not-for-other-one
level. That is exactly as impractical as it sounds.