CS going into savings account

[stepmom23]

I know that Soc is on vacation for a couple more days so thought I'd post here instead...

State is Florida.

Just discovered that CP Mom has been depositing CS into a savings account.  She's admitted in e-mail that all CS for a period of 18 months was deposited in this account - close to $23,000.  She thinks it's showing what a good mother she is in providing for the children.  Account is in her name only however.  

She and her husband have a separate joint account that pays all the household bills, and she tells the boys that they can't play sports or do extracurricular because she doesn't have the money, she's saving for a house, etc.  

We also just found out that she's pregnant by means of invitro, which I understand to be a very expensive process - anywhere from $8,000-10,000 out of pocket).  Pretty sure, based on her and husband's combined income of $70,000/year, and known expenses, that CS financed a portion of the procedure - or 100% of household expenses so that they could afford the invitro.  

Questions:
1. Have heard that judges frown on CS being put into a savings account (maybe not so much on a 592 plan).  CS is to be used for daily expenses, not for events yet to come - no guarantee that the children will be around to use the saved money.  Anyone know case law or have info on this?

2. If can be proven that invitro was partially or fully financed by CS, can DH do anything about reimbursement?

3.  Also issue with day care.  CP also admitted in writing that neither boy has been in day care (or after school care) for past 18 months.  CS order has NCP paying $198 of CS towards day care.  Order does not address at what age day care portion should stop (boys are 12 and 11).  Should NCP just stop paying that portion, or file for modification based on this alone?  Would be 17% of CS order.

Thanks.

[POC]

>Questions:
>1. Have heard that judges frown on CS being put into a savings
>account (maybe not so much on a 592 plan).  CS is to be used
>for daily expenses, not for events yet to come - no guarantee
>that the children will be around to use the saved money.
>Anyone know case law or have info on this?

A. I don't know of any case law on this. But, answer #3 might make it less important anyway.

>
>2. If can be proven that invitro was partially or fully
>financed by CS, can DH do anything about reimbursement?

A. I'm fairly confident dh will not be re-imbursed, as it no longer became his money anyway. It was intended for the children. Nevertheless, that money was to be spent as the primary parent saw fit. As long as the children were not being abused or neglected you're pushing water up hill.
>
>3.  Also issue with day care.  CP also admitted in writing
>that neither boy has been in day care (or after school care)
>for past 18 months.  CS order has NCP paying $198 of CS
>towards day care.  Order does not address at what age day care
>portion should stop (boys are 12 and 11).  Should NCP just
>stop paying that portion, or file for modification based on
>this alone?  Would be 17% of CS order.
>
>A. If dh just stops paying the day care portion of the CS order he could very well be found in contempt. The order remains what it is until it is modified, so though the children do not attend daycare or a qualifying after school program the payment remains the same. There is a draft of a proposed bill that will revise FL CS guidelines. A shared parenting calculation begins at day 1 for time spent at the non-residential home. It might be prudent for dh to let that legislation take effect October 1st before filing.

Hopefully, by some time next month the new state affiliate of the American Coalition for Fathers and Children (ACFC) will be established. It's name will be the Florida Coaltion for Families and Children (FLCFC). If you are interested in becoming a member, let me know. We anticipate that there will be a few local chapters, placed strategically across the state.

[stepmom23]

>Hopefully, by some time next month the new state affiliate of
>the American Coalition for Fathers and Children (ACFC) will be
>established. It's name will be the Florida Coaltion for
>Families and Children (FLCFC). If you are interested in
>becoming a member, let me know. We anticipate that there will
>be a few local chapters, placed strategically across the
>state.


Very interested.  Give us the details please.  Can PM me if don't want to give them here.

[stepmom23]

>> A shared
>parenting calculation begins at day 1 for time spent at the
>non-residential home. It might be prudent for dh to let that
>legislation take effect October 1st before filing.
>

DH is not in Florida, but Georgia.  Any idea how this proposed parenting plan would affect DH if only 56 days/year of NCP custodial care - negatively or positively?  He has boys one week each at Christmas and Spring break and then 6 consecutive weeks in summer.

[POC]

It woud be premature to give details here. You've got mail.

[ocean]

I would think that you could get a modification pretty easily for the childcare part. I would file just for that now since their is legislation that might bring changes. As far as the child support going into a saving account....it is not against the law to do this. Most people's CS goes into an account and then the CP spends it as needed. If she is leaving it alone, maybe the boys can use it for college or future expenses....

[cinb85]

I don't see anything wrong with that.  I have it in a custodial account in her name.  This means that I can take the money out if needed (would only do that in an emergency).

Not sure how you will prove that the invitro was financed by CS.

NCP should file for modification based the children no longer attending daycare or after school care.

[stepmom23]

>I don't see anything wrong with that.  I have it in a
>custodial account in her name.  This means that I can take the
>money out if needed (would only do that in an emergency).
>
>Not sure how you will prove that the invitro was financed by
>CS.
>
>NCP should file for modification based the children no longer
>attending daycare or after school care.
>

CS is to be used for daily expenses, not saved for years to come under the pretense of using it for the children's future.  No offense, but if you were the dishonest type you could spend that money however you desired and not spend one dime on the child - and there's no one to hold you accountable for it.  If there's enough money left over to put in a savings account after daily expenses are paid, then so be it - maybe, if the savings is intended for the child's sole benefit, and; as an example, not to finance a home that the child won't be living in 3 years from now.  Hopefully you don't deny your daughter simple pleasures in life in order to put it into the savings account.  When DH's 2 sons asked if they could play baseball (at $130/year per child), they were told "No, because I can't afford it."  When they ask if she can buy a printer for their home computer so they can print out their homework, they're told, "No.  I can't afford it" (BTW - we bought our home printer for $99). Yet she can fork out $8,000+ for invitro.  Go figure.  

Proving the CS money was spent on invitro is probably fruitless, but chances are fairly good it was.  We also found out that she paid off a $19,000 judgment filed against her for non-payment of a credit card, in  a little over 2 years.  This judgment was before she married her current husband and she would call each month wanting to know if DH could send the CS early.  We're pretty sure CS paid a portion of that too.  

BTW - DH was told by his attorney that going for a downward modification for the day care would put him in a "bad eye" in front of the Florida court system and probably wouldn't get the downward.   This is the same thing he was told when he wanted back CS from the CP before he "gave" her custody because he felt it was in their best interest (very young boys having separation anxiety from Mom).  Two totally different attorneys.

Sorry for the rant and really don't mean to offend anyone; that is unless they need to be offended.

[cinb85]

First of all, I get VERY little CS from my ex (I didn't get ANY CS for over 2 years and have received a total of $200 so far this year ($125 of that is because he had to come up with it to get out of jail).  I have NEVER taken one dime out of the custodial account sinced it started.  In NJ, the NCP is not required to help pay for college tuition, so hopefully this money will come in handy when she wants to go to college (there's not nearly enough in there to pay for tuition, but hopefully it will help out)!  I only put this money into a custodial account so if there's an emergency (for our daughter), I could get the money to pay for the expenses.  My ex owes our daughter over $30,000 in child support and keeps ignoring his responsibilities.  We don't live an extravagent lifestyle.  We live in a two-bedroom apartment (I can't afford to buy a house).  DD gets what she needs, but she is in no way spoiled.   I just wish that ex would help out a little.  Our DD will be 15 years old in a couple of weeks and he just continues to ignore her.  I recently sent him some medical bills from her eye doctor and he's ignored my request for him to pay his court-ordered portion.  He has NEVER paid ANY of our DD's medical bills.  Not one dime!

I realize that there are CPs like the one in your case who use the CS for frivilous things.  Believe me, that's not the case with me.  I feel bad for you that you are in this situation and can understand your frustrations.

I'm sure that the money was used to help fund the invitro, but it's going to be hard to prove it.  It would make me mad too!

But...if the child is no longer attending daycare, the judge should grant a downward modification.  My daughter will not be attending daycare (summer camp) next year.  The next time we go to court, I will mention that to the judge.  I'm sure that he will be taking me back to court before next year (he seems to think that $68/week is too much to pay for his daughter - if he at least attempted to pay SOMETHING, I would agree to a downward mod, but he makes not attempt to pay ANYTHING), so there's no need for me to ask for a hearing to let them know that she won't be attending daycare anymore.

Good luck to you!!!  I hope that things work out!

[stepmom23]

Good luck to you too, and God bless.  

It sounds like you are doing the right thing for your daughter, since her Dad doesn't appear to be capable of doing his part.  

My DH tries to be a good Daddy to his boys, though sometimes it's hard being he's in Georgia and the boys are in Florida (Mom's the one who moved).  He regrets that he ever gave custody back to the Mom.  It's probably the only regret he's ever had in his life.

CS has always been current.  Insurance has always been covered, and the short three months we didn't have insurance, the bills were covered 100% by DH.  She never paid a penny of CS to DH - close to $5,000 - for eight months he had custody.  She never carried insurance as she was suppose to.  Even now if she owes him money (1/2 of boys' airfare), it takes weeks before we see reimbursement.  She even attempted to have DH reimburse her for a dental bill that she never paid.  As soon as the word "fraud" was spoken she stopped calling DH directly and will only communicate through the boys now.  So as you can see, this CP is a dishonest one.

Again, God bless.