View Full Version : Child support questions ny
sweetwaters
Jul 7, 2010, 08:41 AM
I live in NJ and my daughter who leaves in NY, is going away to college. She is 18. If I must continue support, can it go directly to my child?
JudyKayTee
Jul 7, 2010, 09:14 AM
No, it still goes to the custodial parent. You CAN apply to the Court but these requests are seldom granted because the custodial parent still maintains a home for the child although the child is away.
And, yes, you must continue paying support - if that is a question.
This is a legal question, not a question about raising children, and I have asked that it be moved.
sweetwaters
Jul 7, 2010, 09:19 AM
I heard that there was a possibility of it going straight to the child.
Thanks for the clarity.
JudyKayTee
Jul 7, 2010, 09:20 AM
Ask the Court for permission - I am also in NY and these requests are routinely and quickly denied BUT if you want to spend the money and time you never know...
this8384
Jul 7, 2010, 02:26 PM
If I can butt in - what does your court order say about paying child support? My state(Wisconsin) says that support will be terminated once the child turns eighteen unless the child is a full-time student who is still living at home; however, both of those requirements must be met in order to continue support.
But your original question has been answered; the support goes to the custodial parent because the child is primarily their responsibility and you are helping to financially support said child.
cdad
Jul 7, 2010, 02:43 PM
You might also be able to ask that part of the funds go into a trust for her continued education and that the mom would have to contribute an equal amount (percentage) to the fund if she is living at the school and not in the home.
JudyKayTee
Jul 7, 2010, 06:05 PM
Of the daughter is "away" at College in NY the father pays until she graduates - sometimes only until age 21. NY is tough on this.
I have never seen a part of the support go into a trust - NY take the position that the support money puts a roof over her head when she's home.
I realize all States are different but thought I'd chime back in.
cdad
Jul 7, 2010, 06:10 PM
Of the daughter is "away" at College in NY the father pays until she graduates - sometimes only until age 21. NY is tough on this.
I have never seen a part of the support go into a trust - NY take the position that the support money puts a roof over her head when she's home.
I realize all States are different but thought I'd chime back in.
I wasn't stating that it can happen only that he can ask for it. It sounds like an unfair portion of the law if only 1 parent is required to contribute and not the other if they are away from the home. They both should be required to contribute equally by percentage nt actual dollars to make it fair.
JudyKayTee
Jul 8, 2010, 05:08 AM
Agree but I see the Courts see it as the custodial parent continuing to pay the "home" expenses, same as if the child still lived there.
The money goes to the custodial parent, not the child, and that is a fairly frequent disagreement. I have never seen a Court change it.