A common and appropriate concern that matrimonial attorneys hear from their payor clients that comes up in a post-judgment situation is how to ensure that the child support that is paid to the custodial parent is actually being used for the child’s benefit. This concern becomes even more salient when the child is at the age where they are mature enough to manage their own finances and are attending school full-time.
In the very recent unpublished case of Kayahan v. Kayahan, Judge Jones in Ocean County Superior Court ruled that there are certain circumstances which can warrant the payment of child support directly from the Non-Custodial Parent to the unemancipated child over age 18. These circumstances are as follows:
- When an unemancipated child is over eighteen years old, a court in its discretion may permit the non-custodial parent to pay part of his or her child support obligation directly to the child, under certain parameters. Such conditions may include the child’s utilization of the funds only for specifically earmarked and pre-approved expenses, along with an ongoing requirement that the child provide documented accountings of use of the funds to both parents.
- In determining whether to permit direct payment of part of a child support obligation directly to the child, the court may consider, among other factors, (a) evidence of the child’s maturity and history of responsibility, (b) the non-custodial parent’s history of paying timely child support, and (c) whether there will be sufficient remaining child support funds for the custodial parent to continue reasonably maintaining the child’s primary home without significant economic hardship. If such hardship will likely result, the court may decline to modify the child support arrangement whereby the non-custodial parent pays the child support directly to the custodial parent.
As you can see, child support is a common area of family law litigation in the State of New Jersey. For more information regarding the calculation, enforcement or payment of child support, contact the Law Office of Lyons & Associates. At the law office of Lyons & Associates, we represent men and women throughout New Jersey who have unresolved family law matters. We place a premium on personalized service and attention. For a private consultation, contact us by e-mail or call our office at 908-575-9777.
Written by: Marissa DelMauro, Esq.