Can I Pay Child Support Directly To My Child?
One of the most important aspects of any divorce settlement is the component of child support. Child support is determined in New Jersey using very specific formulas based on the financial status of both parents, and the needs of the child or children in question.
One very commonly asked question of Ocean County child support attorneys is whether or not child support can be paid directly to the child, rather than the custodial parent. Such requests are made due to a number of reasons, for instance:
- The money that was given for child support was not being used for the intended purpose.
- The relationship between the ex-husband and ex-wife was unstable and abusive, thus they could not put their differences aside for the concern of the child even after the marriage ended.
- The child was away at college or university.
- The non-custodial parent did not trust anyone other than their child to hand over the money to.
Can Child Support Be Paid Directly to the Child?
Until very recently, the answer to this question was a definitive no. However a Judge Jones ruling in the Ocean County Superior Court case of Kayahan v. Kayahan provides guidance which can allow, in the court’s discretion, for non-custodial parents to pay part of their child support directly to an un-emancipated child over the age of 18. If this is the case, along with an experienced Ocean County child support attorney, you may file a motion with the courts to allow you to pay support directly to your child. When hearing such a motion, the judge will consider several different factors:
Age of the Supported Child
If the un-emancipated child is of legal age, meaning 18 years or older, and if the court finds that they are capable of managing and responsibly using the money given to them for the intended purpose, then the non-custodial parent may be permitted to pay part of the child support directly to the child rather than their ex-spouse. However, if the court approves of this, then the child is conditioned to show receipts or any proof of where the money was spent to both the parents. If the child is anywhere below the age of 18, the court will deny the request of the non-custodial parent because the responsibility and the maturity of the child will be rather obvious.
History of Child Support Payment
The timeliness of payment of child support by the non-custodial parent is also deeply viewed and considered before the court approves of their request. This is a very important factor to be taken into consideration because if the parent fails to pay the amount to the child on time, it is rather unlikely that the child would come forward and ask for it. Though this would not be the case if the payment was to be made to the custodial parent directly.
Ability of the Custodial Parent to Maintain the Home
If a part of the child support is paid to the child directly, the custodial parent might run short of money that would be required to maintain the lifestyle at the primary home of the child. This would result in the child facing economic hardship, even if they were away at college due to the fact that the un-emancipated child would still be reliant on the custodial parent for support.
Contact a Point Pleasant Child Support Attorney Today
At Bronzino Law Firm, we have extensive experience helping clients across Toms River, Jackson, Spring Lake, Point Pleasant, Brick, and the greater Ocean County area with all manner of child support issues including child support modifications and arranging for direct child support payments to the child.
Our smaller size allows us to develop personal and attentive relationships with our clients, while charging fair and reasonable rates for our services. To schedule a free and confidential consultation with our office today, please contact us online or through our Brick, NJ office at 732-812-3102.