Child Support: Is the Recipient Required to Identify how the Support is Used?

In Cryer v. Cryer, the court considered whether the mother of a minor child was required to provide an accounting for the way in which she used the child support payment.

FACTUAL BACKGROUND LEADING TO THE CHILD SUPPORT ISSUE
The parties in this case were actors. They were married for four years before obtaining a divorce. The father, Jon Cryer, was considered an extraordinarily high earner. The mother was awarded primary custody of the minor children, and the father agreed to pay $10,000 in child support. Through a dependency action, the mother lost custody of the son, and the father was awarded custody. Mother had very little visitation. The father moved for a substantial reduction in child support, because the mother had limited visitation with the minor child.

CHILD SUPPORT PROCEEDINGS
The trial court ordered a small reduction in child support based upon the fact that the dependancy proceedings were temporary. The mother argued that she would need to maintain the family residence in case the minor child was suddently returned to her custody during the dependancy proceedings. The trial judge agreed with the mother and ordered that due to the temporary nature of the proceedings, the mother would need to maintain her home. Father asked the court to order the mother to provide an accounting of how she spent the money provided to her for child support arguing that she did not use it to pay for her housing expenses. The trial court denied his request.

APPEAL OF THE DIVORCE COURT’S RULING
The father appealed the judge’s denial to order the wife to provide an accounting for the child support. The appellate court agreed with the trial court and stated that such orders are generally denied because they provide an avenue in which the payor of support can control the recipient of child support.

If you need a divorce attorney in the Orange County area to address child support in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, child custody, spousal support and/or property division, contact our law office located in Laguna Hills at (949) 716.2102. Conveniently located off of the 5 and 405 freeway at Lake Forest.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Please note that the posting of this information does not constitute legal advice for a divorce in Orange County. Facts and circumstances of the dissolution proceedings may alter the required action and analysis in any given family law case.
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