I currently have 2 daughters with my ex girl and pay child support. My oldest daughter (17 yrs) is not living with the mother but with the aunt (I have proof that she's living there) for over 4 months and not getting a dime from the child support money. She graduating from HS in June and is going away on a 4 year scholarship (September). Can I file for a down modification NOW on the money the mother is getting since my daughter is not in her household and give it to my daughter directly or her aunt? We live in NY. Thank you

If you have proof of the living arrangements, then I would take that before the court.

I'm not sure about how to answer concerning all of your detail in your question. But, if child support is still going to be an issue for some years to come because of schooling, etc. then I would want to make sure that there is a paper trail to show as proof of money you have paid. And, that would be through the courts or whatever agency distributes child support payments for the children where you live.

I would not be giving any money for child support to someone in person.

Just my thoughts after having paid child support for so many years for two children who are grown and on their own.

Quote:

---

Originally Posted by sandrapatino

I currently have 2 daughters with my ex girl and pay child support. My oldest daughter (17 yrs) is not living with the mother but with the aunt (I have proof that she's living there) for over 4 months and not getting a dime from the child support money. she graduating from HS in June and is going away on a 4 year scholarship (September). Can I file for a down modification NOW on the money the mother is getting since my daughter is not in her household and give it to my daughter directly or her aunt? We live in NY. thank you

---

I just went through this same situation. I am a single mom from NY and my daughter is now 18years old. I learned through the courts that you can put the child support checks under your daughters name once she turns 18, if she is not going to be 18 for a while then have it put under the aunts name. As for money back from her mother let the courts know how long she has been living with the aunt and not getting any money. They will make her pay that money back!

Good luck

Yes if the child is not living with the mother you can file for the support to be altered. And I want to say thank you, most come here saying how do I not pay, but you just want to be sure your child is getting the money, I am proud of you for your dedication to being a father.

I disagree a bit with Lisa. You cannot just start giving the money to the aunt instead of the mom, even if daughter is not living there... Every change has to go through court before it takes place. Over the past 17 yr you probably have had more than your share of courts but it's the only real way. If you don't do it this way... your support will continue to accumulate (on the books of that state).

My ex failed to go to court and it was a huge hassle. They actually took his tax checks and sent them to me. The only course of action (rightfully) was to return money to ex or friend our child stayed with right before they were 18.

Just make a few calls before you do anything. They have my ex as owing thousands... Some rightfully... most not. It's hard to get money back once paid but you will at least know you did things the right way. You may send additional money's to aunt and keep track of all to get state to move as quickly as possible.