Child Support Accountability--NY

As citizens of the State of New York, we believe that the child support laws are unfair in that they do not make the custodial parent account in any manner for funds paid for child support, thus allowing the custodial parent to use the funds provided specifically for the children under the applicable child support orders as they wish. Under New York law, as part of their support obligation, parents are ordinarily under the obligation to supply the necessaries of food, shelter, and maintenance for their children to such extent as may be reasonable in view of their means and station in life. (NY Jurisprudence 2d, Domestic Relations 2541.) However, the absence of accountability of custodial parents for the expenditure of child support funds in effect allows, and has resulted in, numerous custodial parents diverting the use of funds for their children, contrary to the laws intent, for their own expenses. In many instances this has resulted in the custodial parent actually using child support funds for their own support. This is totally in opposition to the intent of the law of New York, which purports to follow the best interest of the child standard in awarding child support. This is blatantly true in instances where the child, as defined under New York law as one under the age of 21 for emancipation purposes, moves out of the custodial parents household or attends school in a place other than where the custodial parent lives and no longer lives in the custodial parents household.

Thus, the undersigned sincerely believe that justice is not being served regarding the children of this state to whom child support is being paid, and that a system of accounting must be put in place under state law to ensure that child support is used for the purpose that was intended by the law the support of children. We further believe that it is necessary, for the best interests of the children of this state, that, as part of the divorce and child support process in the case of unmarried parents, that accounting for the funds paid for child support be an integral part of the process of awarding child support, which allows the noncustodial parent to see records of where child support funds are spent. This does not exclude basic overhead expenses, such as housing, energy, and food, but specific percentages should be applied to such costs as are reasonable for the support of the children who are the subject of the child support order or agreement who are actually residing in the household.

We also believe that one way of accounting for child support expenses is by requiring a separate bank account to be opened for child support funds, so that the manner in which such funds are spent can be readily seen by both parents. Such bank accounts should be open to the periodic examination of the contributing noncustodial parent.

Other methods, of course, may be viable, as well, such as quarterly mandated reports from the custodial parent to the noncustodial parent, requiring the detailed disclosure of the specific expenses with regard to which child support funds have been used. However, whatever method of accounting and reporting is utilized or adopted, it is essential that some such system be adopted to combat the abuse misuse of child support funds to ensured that the such funds are actually used for the support of the children for which they are intended.