CS directly to child?

[smpk42]

What is the name of your state? MA
My 21-year-old daughter is living off campus at her college. She is living there year round. She is not emancipated, by MA law, until 23. in conversations with her, she has indicated that my ex-wife (her mother) gives her half of the child support payment. Is there any legal action I can take to pursue the desire of having the full child support payment go directly to my daughter. My ex-wife should have no overhead, since my daughter is not living with her, so why should she keep any of the CS payment.What is the name of your state?

 

[Zephyr]

is the cs disbursed through the state?

 

[haiku]

by law in the state of massachusetts child support is payable until age 23 if the child is a fulltime student.

Child support is only payable to the custodial parent, the child is not party to the order. what mom chooses to do with the money, is her business alone. Your child is not considered self supporting until such time as she leaves school fulltime or is 23.

 

[smpk42]

Zephyr - I assume your question means, is it through the courts and the answer is yes, though I send a check to my ex every two weeks.

 

[Silverplum]

In your court order, does it say to pay the CS to the "child"?

 

[smpk42]

I belive the court order states, pay to the Ex-wife. My question and hope is that I could have that modified to pay directly to the child. Is that a feasible and reasonable request?

 

[haiku]

it would be more feasible to get support discontinued than to have it ordered to pay the child.

though I don't think time spent in a dorm is considered emancipated from the family home.

http://www.mass.gov/legis/laws/mgl/208-28.htm

 

[ceara19]

What is the name of your state? MA
My 21-year-old daughter is living off campus at her college. She is living there year round. She is not emancipated, by MA law, until 23. in conversations with her, she has indicated that my ex-wife (her mother) gives her half of the child support payment. Is there any legal action I can take to pursue the desire of having the full child support payment go directly to my daughter. My ex-wife should have no overhead, since my daughter is not living with her, so why should she keep any of the CS payment.What is the name of your state?

Who is paying for your daughter's college expenses?

 

[smpk42]

My daughter is taking out loans herself to pay for college, as well as any government provided financial aid.

 

[NoDiggety]

it would be more feasible to get support discontinued than to have it ordered to pay the child.

though I don't think time spent in a dorm is considered emancipated from the family home.

http://www.mass.gov/legis/laws/mgl/208-28.htm

According to the OP, the child is living off-campus (while it could be an off-campus "dorm"). Plus the child is living there year-round. I would think a very valid argument could be made for emancipation.

Although I agree that the OP should immediately file to have the child support discontinued.

 

[BelizeBreeze]

PEOPLE!!!!

The poster pays child support.

By MA. Law, this will continue until age 23.

The CS is paid, by court order, to the mother.

The Mother can do with it as she wishes.

The ONLY option for this poster is to file a motion to modify for which the court will deny his requestion PER STATE STATUTES.

plain and simple.

 

[nextwife]

Is a 21 year old considered "old enough" to ask the courts to change custody to her dad, if dad so petitions?

 

[BelizeBreeze]

Is a 21 year old considered "old enough" to ask the courts to change custody to her dad, if dad so petitions?

to what extent? Yes, the child can petition but with only 2 years remaining, someone will still be paying support and unless the court agrees, that support will be paid to the CP.

This is a non-issue. Anything that might happen would take so long to get to the courts that she would be out of school.

 

[nextwife]

to what extent? Yes, the child can petition but with only 2 years remaining, someone will still be paying support and unless the court agrees, that support will be paid to the CP.

This is a non-issue. Anything that might happen would take so long to get to the courts that she would be out of school.

Well, for whatever period, if dad is NOT paying that CS to mom, then he can give it DIRECTLY to the child to use for college, instead of mom pocketing 50%. At 21, if the child is on campus full-time and no longer ever resides with mom, that money SHOULD be available to the child for their eductation, instead of mom using it for her own living expenses. Additionally, then the child will also potentially get CS from mom, if dad is willing to provide it all to the child (as neither parent is incurring support costs in their home).

Poster is mom now contributing toward college?

 

[BelizeBreeze]

It's a zero-sum game. as I said, by the time this reaches the courts there will be little time left, more legal expenses and dad will continue under the current obligation.

Daughter living off-campus is irrelevant. It's a choice.