What If My Ex is Spending Child Support on Frivolous Things?

 Posted on December 25, 2025 in Family Law

As of 2025, Illinois child support laws still prioritize the best interests of the child when addressing support concerns. The courts do not require a parent to account for every dollar of child support. However, they can step in if spending harms the child or support is not being used as intended.

It can be upsetting to see your ex spend money on items that seem unnecessary while you are trying to make your child support payments to support your child responsibly. Our Geneva, IL child support lawyers can help you understand your legal options.

How Is Child Support Supposed To Be Used in Illinois?

Child support is intended to help cover a child’s basic living expenses. This includes housing, food, clothing, school needs, and medical care. It may also help with transportation, activities, and other day-to-day costs.

Under 750 ILCS 5/505, courts calculate support based on income and parenting time, with the goal of meeting the child’s reasonable needs. Once child support is paid, the receiving parent usually has discretion over how the money is spent, as long as the child’s needs are met.

Can a Parent Control How the Other Parent Spends Child Support?

Illinois courts generally do not monitor or track how child support is spent. The law assumes the receiving parent will use the funds to support the child as part of the household budget. This means a parent paying support usually cannot demand receipts or dictate purchases. Even if spending choices seem questionable, that alone does not mean the law has been violated. What the court wants to know is whether the child is cared for.

When Does Child Support Spending Become a Legal Problem?

Spending becomes a concern when it affects the child’s well-being. Courts may take action if there is evidence that child support is not being used to meet the child’s basic needs.

Examples of situations that may raise legal concerns include:

• The child lacks proper clothing, food, or housing

• School or medical needs are being ignored

• The receiving parent repeatedly asks for extra money despite receiving support

• There are signs of neglect or financial instability affecting the child

In these situations, the issue is not about "frivolous" spending alone. It is about whether the child’s needs are going unmet.

What Can I Do If I Believe Child Support Is Being Misused?

If you are concerned, the first step is often to document what you observe. This may include changes in the child’s condition, unmet needs, or requests for additional support. You may be able to ask the court to review the situation.

Under 750 ILCS 5/510, child support orders can be modified when there is a substantial change in circumstances. Misuse of funds alone may not be enough, but combined with evidence of harm to the child, it may support court involvement.

Can the Court Require Proof of How Child Support Is Spent?

Illinois courts generally avoid micromanaging household finances. It is rare, but in limited situations, the court may require proof of how child support is spent.

However, if there is a serious concern about neglect or misuse, the court may consider alternative arrangements. This could include directing certain expenses to be paid directly, such as tuition or medical costs, or adjusting how support is structured. These steps are usually reserved for cases where the child’s needs are clearly not being met.

Should I Stop Paying Child Support If I Am Concerned?

Stopping or withholding child support can lead to serious legal consequences. Child support orders remain in effect until they are changed by the court. Failing to pay can result in enforcement actions, including wage garnishment or other penalties. If you have concerns, seek legal guidance and request a court review rather than taking action on your own.

Schedule a Free Consultation With a Kane County, IL Child Support Attorney

Concerns about how child support is used are common. Understanding your options can help you decide the right next step. If you are worried about how child support is being used or want to understand your legal options, call Serrano Hanson & Hurtado, LLC at 630-844-8781 to schedule a free consultation with our Geneva, IL child support lawyers. Se Habla Español.