When it comes to child support, the primary focus is meeting the child’s needs. However, concerns often arise about whether the custodial parent spends the funds appropriately. In California, the State Disbursement Unit (SDU) processes and distributes child support payments but does not audit how the custodial parent spends the money.
How the SDU works
The SDU collects and disburses child support payments in California. It ensures prompt payment and receipt, records IV-D cases (those involving public assistance) and processes non-IV-D cases through wage withholding. However, its role is administrative, not supervisory. The SDU does not track or check how the custodial parent allocates the funds.
Why audits are not conducted
California law grants custodial parents broad discretion in using child support payments. The funds cover various expenses, including housing, utilities, food, clothing and other necessities that directly or indirectly benefit the child. Courts acknowledge that these expenses contribute to the child’s overall well-being, even if custodial parents don’t itemize them or tie them to the child.
Addressing concerns about misuse
If the paying parent believes the custodial parent is misusing child support funds, they can petition the court for a review. Courts will evaluate whether the custodial parent meets the child’s basic needs, such as adequate food, shelter and clothing. Evidence of neglect or misuse could lead to changes in custody or support arrangements. However, courts generally avoid micromanaging how custodial parents spend the money as long as they meet the child’s needs.
What you can do
If you’re concerned about how the custodial parent uses your child support funds, send your payments through the SDU as required. Document any evidence of neglect or misuse and consult with a family law attorney to explore your options. Courts prioritize the child’s best interests, and legal guidance can help you navigate these concerns effectively.
While the SDU doesn’t audit spending, the legal system provides avenues to address misuse if it compromises the child’s welfare. Understanding these processes can help you advocate for your child’s best interests.