The answer to the question of whether you can pay child support directly to your child is “maybe.” It depends on the very specific details of your case. Typically, child support payments are made to the child’s other parent. However, the New Jersey court considered the question of whether a parent can pay support directly to the child in a 2016 case and decided there are some situations where it may be appropriate.
ABOUT THE CASE OF KAYAHAN V. KAYAHAN
In the case of Kayahan v. Kayhan, the payor father sought to both reduce child support payments and pay them directly to his 21-year-old daughter, who was about to go to university. The judge approved the father’s request to reduce support but denied the request to pay support directly to the child. The reasoning behind the denial was that with the reduction in overall support, the recipient custodial parent, with whom the daughter still lived, needed the money to properly manage the home.
While the judge didn’t allow direct payments in the Kayahan case, in his unpublished opinion, he described some possible circumstances in which it might be suitable for a parent to pay support directly to their child. These include:
- If the child is 18 years old or older and unemancipated, meaning they are still financially dependent on their parents.
- If the child is of a sufficient maturity level.
- If the child has shown that they are financially responsible.
- If the money is targeted toward specific expenses.
- If the payor parent has been responsible and timely in making support payments to the custodial parent in the past.
- As long as the custodial parent’s ability to care for the household where the child lives is not disrupted.
- The child provides documented proof to both parents that they are spending the money as intended.
Paying support or a portion of support directly to your child requires a court order. If you make payments directly to your child without going through the proper legal process, those payments may likely not be credited as support in the legal system, and you could find yourself on the hook for unpaid child support.
GET HELP FROM AN EXPERIENCED ATTORNEY TO LEARN ABOUT PAYING YOUR CHILD DIRECTLY
If you are thinking you would like to make support payments directly to your child, do not try to go it alone. Being approved to pay support directly to your dependent child is a very case-specific matter. Even if all or some of the factors described above are in place, there is no guarantee a judge will go along with your request. An experienced family law attorney can help you understand, based on your total situation, why direct pay to your child might or might not be an option for you and, if it is, help you navigate making the request to the court.
WHY PAY SUPPORT DIRECTLY TO THE CHILD?
The discussion of paying support directly to a child can beg the question of why do so? One of the most common reasons clients ask attorneys about directly making payments to children is because they believe payments to the receiving parent are not being used properly. There may be suspicion that the recipient parent is spending the money on themselves instead of to the benefit of the child. Paying the child directly may seem like a viable remedy to this problem, and in some circumstances it may be.
However, there can be other ways of approaching this concern. While it can be difficult to prove, your lawyer can investigate your suspicion that support money is being misspent. If there is strong evidence of improper use of support, you and your attorney can potentially approach the payee parent about renegotiating the support order. If the parent denies or does not agree, or approaching them directly is not an option because of contention between you, you may be able to get a new order from the court by petitioning for a child support modification.
But because custodial parents do not need to show the court how support money is spent, if you ask the court for a downward modification, you will need to prove that there is an acceptable substantial change in circumstances. You can’t simply go before a judge and accuse your ex of misspending support payments.
Examples of substantial changes in circumstances include:
- Significantly decreased or increased incomes of either parent.
- Changing needs of your child.
- A change in custody arrangements.
- Disability or serious illness of a parent or child.
- Increased or decreased daycare or health insurance expenses.
Once we understand all the facts of your situation, including why you wish to pay support directly to your child, we can help you determine the best path forward.
CONTACT OUR EXPERIENCED HACKENSACK, NEW JERSEY, ATTORNEYS FOR ASSISTANCE WITH CHILD SUPPORT CONCERNS
Child support is a sensitive area of family law. As a paying parent, you do not want to be taken advantage of financially, but you do want your child to get the financial support that they require for day-to-day needs, college costs, and other expenses.
If paying your child directly is a potential solution for your situation, perhaps because you believe the other parent is using your support payments improperly or because dealing with your ex-spouse in the area of child support is too contentious, we will look at all the facts involved and counsel you whether this may be a viable option for your circumstances.
We may also be able to recommend an alternative way to ensure payments are being used as they should or to reduce what you pay in support. As attorneys with years of experience focusing exclusively on all areas of family law, we are adept at finding satisfactory resolutions for the most complex child support situations.
Call [MFR] Men’s & Fathers’ Rights Divorce Lawyers today at (201) 880-9770 to schedule a confidential consultation. You can also reach out to us online if you prefer.
