SPARC Forums

Hey Soc,

I am curious about this statute that I came across:

Fla. Stat. Ann. § 61.13(1)(a) (Supp. 2000) provides:

The court initially entering a child support order shall also have continuing jurisdiction to require the obligee to report to the court on terms prescribed by the court regarding the disposition of the child support payments.

1. Does this mean that DH can request an accounting of child support for BM?

2. What grounds would someone need to have to get this?

3. If she spends it on Alcohol and Cigs, what can DH do about it? In other words, does this thing have teeth?

Thanks!
Ref

>Hey Soc,
>
>I am curious about this statute that I came across:
>
>Fla. Stat. Ann. § 61.13(1)(a) (Supp. 2000) provides:
>
>The court initially entering a child support order shall also
>have continuing jurisdiction to require the obligee to report
>to the court on terms prescribed by the court regarding the
>disposition of the child support payments.
>
>1. Does this mean that DH can request an accounting of child
>support for BM?

Statute is rather cryptic, but I can see how it could offer the possibility of an accounting.

>
>2. What grounds would someone need to have to get this?

Not knowing whether FL case law has ruled on the burden of proof required, my educated guess is that you need "good cause," i.e., a preponderance of evidence showing that the child is being supported below the standard of living that would be reasonable considering the support provided. Or, some direct evidence of the obligee parent using a very large proportion of disposable income for personal expenses (vactations, jewelry, cars, plastic surgery, etc.).

>
>3. If she spends it on Alcohol and Cigs, what can DH do about
>it? In other words, does this thing have teeth?

See above. Depends on how much is spent, and whether obligee has income to independently support these purchases.

Not an easy proof to make...but conceivably possible.