I am the Custodial Parent, my 18 year old daughter has been living with (I have both kids) she is starting her second year of college and decided now that she wants to live on campus, hopefully using her financial aid. Since I get child support for both kids do I now have to break it out by % and give her what would be her portion of child suppport event though she wouldn't be living under my roof? I live in New York State.

Yes, give her her portion. Some people stash away the child support payments for nest egg for their kids, so you would be doing her a favour by helping her out in college. The payments are for your children's needs anyway, so it doesn't make much difference where she living.

Tick

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Originally Posted by tickle

Yes, give her her portion. Some people stash away the child support payments for nest egg for their kids, so you would be doing her a favour by helping her out in college. the payments are for your children's needs anyway, so it doesnt make much difference where she living.

tick

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I disagree with part of this. Child supprt is for maintenance of the child. And in keeping a place for them to stay as they go off to college then that's what the money is for. And if the OP chooses to make a nest egg for the child then it is their decision. The money goes to the parent for the child. Not directly to the child.

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Originally Posted by califdadof3

I disagree with part of this. Child supprt is for maintainance of the child. And in keeping a place for them to stay as they go off to college then thats what the money is for. And if the OP chooses to make a nest egg for the child then it is thier decision. The money goes to the parent for the child. Not directly to the child.

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Yes, but once the parent receives the money, isn't it to do with as they see fit as long as it is a benefit to the child ? Receipts could be kept in case it is questioned. This could be a gray area, as I see it.

There is no gray area. The way the law reads it doesn't matter. It could be for a car payment. Some might use it on drugs. That is why the system needs to be changed. So it directly benefits the child. In a case like this house payments (or rent) plus utilities don't disappear. They still have a home to go back to.

I did a cursory check of NY family law attorneys online, and found this excerpt which leads me to suggest you contact a legal aide or family attorney.

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While college expenses are over and above basic child support, the courts have held that when a non custodial parent is paying for room and board when the child is away at school, they should receive a reduction from child support. Justino v. Justino, 238 A.D.2d 549 (2nd Dept. 1997), Reinisch v. Reinisch, 226 A.D.2d 615 (2nd Dept. 1996) Imhof v. Imhof, 259 A.D.2d 666 (2nd Dept. 1999), Vainchenker v. Vainchenker, 242 A.D. 2d 620 (2d Dept. 1997). This credit may also apply if the child is living away from home and attending college, and not just living on campus.

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Child Support & College Expenses Source

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Originally Posted by CliffARobinson

I did a cursory check of NY family law attorneys online, and found this excerpt which leads me to suggest you contact a legal aide or family attorney.



Child Support & College Expenses Source

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What this decision is on is a clear case of what New York calls an "add on" to the reguler child support. Add ons are treated differently then reguler support. New York is one of the states that runs child support to the age of 21 at this time. Its in a different category.

You don't have to give it to her. As someone else said, it's your call. But you still do keep a house for her to come back to, so continuing to use it for upkeep and the like is still fine.

I'm the non custodial father of my son who I make child support payments to his mother. He's 20 years old, attends and lives away on campus, since his mother gave him none of the 100 dollars a week I provide for him for over 2 years of living away at college for 9 months of the year, I with legal advise sent him 100 dollars a week for 36 weeks until I was pulled into court by his mother for violating my child support order, told the judge my story, my ex gives him no support while away at college for 9 months. Of the year, but gets her hair nails dinners out and drinks on my sons child support every week, how am I wrong? Judge says that's the law , your guilty, now pay her that 3,600 you gave to your son while at college, and let her continue to run her household as she sees fit. So please tell me what you think of that decision?

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Originally Posted by decent dad

im the non custodial father of my son who i make child support payments to his mother. he,s 20 years old, attends and lives away on campus, since his mother gave him none of the 100 dollars a week i provide for him for over 2 years of living away at college for 9 months of the year, i with legal advise sent him 100 dollars a week for 36 weeks until i was pulled into court by his mother for violating my child support order, told the judge my story, my ex gives him no support while away at college for 9 mos. of the year, but gets her hair nails dinners out and drinks on my sons child support every week, how am i wrong? judge says thats the law , your guilty, now pay her that 3,600 you gave to your son while at college, and let her continue to run her household as she sees fit. so please tell me what you think of that decision?

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Until there is a clear change in the law. The judge is correct in his decision. As had been stated earlier the child support is owed to the parent for the benefit of the child. So lets say that $100 made the difference between having a roof over his head to return to or having to come home to a couch to live on while all "his" things are in storage.

Its up to the parent receiving the support to apply it as they see fit for the benefit of the child.