child support for child not living at home

[shay031712]

Jurisdiction

New York

I am a non-custodial parent. My daughter is 20 and moved out in July to live on her own in an apt. she works part time earning about 16k and goes to school full time. the divorce agreement states that her father pays full tuition, room and board. she is not yet considered emancipated. My question is - can i pay her directly? I don't mind paying but cannot wrap my head around paying her father who receives my payment by garnishment - and can/cannot share it w/my daughter. Since tuition/room/board are covered by our divorce agreement (a trade from alimony) I consider my support great for her day to day personal expenses outside of those. Not much I can do when I hear that she "has to pay rent this week" or "has to pay groceries" because that is between her and her dad. But me as the mother - I would prefer to pay her (garnish or not) directly to her new home address that is permanent (not just during school months). What do you think?

 

[army judge]

You are REQUIRED to follow any existing court orders.

If you choose to do otherwise there will be consequences for you.

If you need further assurances and clarification, feel free to discuss the matter with your attorney.

 

[zddoodah]

can i pay her directly?

You are, of course, free to give your daughter whatever money you like.

But doing so will not relieve you of obligations to pay your ex.

I don't mind paying but cannot wrap my head around paying her father who receives my payment by garnishment - and can/cannot share it w/my daughter.

I don't understand this sentence. You wrote that the father "receives [your] payment by garnishment." I assume you're talking about court ordered child support. If that's correct, then what other monies are you referring to here?

What do you think?

Child support is an obligation owed by the non-custodial parent to the custodial parent. In most states, the obligation to pay child support ends when the child reaches age 18 or graduates high school (whichever occurs later, unless the child has not graduated high school before turning 19, in which case the obligation typically terminates at the age of 19). However, as you know, some states (mostly in the northeastern part of the U.S.) allow child support to continue well into a child's adulthood, and that is the situation in which you find yourself. If you believe circumstances are such that it is no longer appropriate to continue paying child support to your ex, then your recourse is to petition the court to terminate the support obligation.

 

[leslie82]

I am a non-custodial parent. My daughter is 20 and moved out in July to live on her own in an apt. she works part time earning about 16k and goes to school full time. the divorce agreement states that her father pays full tuition, room and board. she is not yet considered emancipated. My question is - can i pay her directly? I don't mind paying but cannot wrap my head around paying her father who receives my payment by garnishment - and can/cannot share it w/my daughter. Since tuition/room/board are covered by our divorce agreement (a trade from alimony) I consider my support great for her day to day personal expenses outside of those. Not much I can do when I hear that she "has to pay rent this week" or "has to pay groceries" because that is between her and her dad. But me as the mother - I would prefer to pay her (garnish or not) directly to her new home address that is permanent (not just during school months). What do you think?

If the court says you can pay her you can but I highly doubt it. So no you pay the parent who the court order says gets child support until she's 21.

Child support is never intended to go directly to the child. It's for the custodial parent to take care of the child.

Take it back to court and see if you can modify it but probably can't.