Many divorce agreements or agreements between unmarried parents involve child support terms. As children grow older, it is possible that a parent might prefer to have their child support payments go directly to their child rather than to the other co-parent. However, there are certain conditions which must be met for this possibility to become reality in New Jersey. Today, our divorce and family law attorneys will be discussing when parents may be able to pay child support directly to their children, how to petition the courts for this change, and what factors will be considered when rendering a decision.
Bergen County, NJ Child Support Payment Attorneys Discuss Age of the Child
Before anything else is considered, your Bergen County child support payment attorney will need to know the age of your child. Regardless of other factors, children must be at least 18 years of age to be eligible to receive direct child support payments.
Additionally, the courts will need to determine that your child is mature and responsible enough to handle the funds paid through child support. This may include having an existing bank account, proof of financial management skills, and showing that the child will be able to use the money as intended within your child support agreement.
What are the Other Considerations Which Will Determine Whether Parents Can Pay Support to Children Directly?
In the situation where your child is 18 or older, New Jersey judges will also examine a number of other factors when deciding whether or not direct child support payment is appropriate. These considerations will often include:
- Is your child still living at home? If your child is still living with the co-parent who is receiving child support payments, it is less likely you will be able to successfully have your arrangement changed to pay a child directly
- Are child support payments being used appropriately? An exception to the above would be the situation where a parent receiving child support payments has been shown to use those funds for inappropriate expenses
- Does the child support recipient need child support to maintain their home? Again, if your child is still living at home, it still possible to have your arrangement amended if paying the child directly will not negatively impact his or her home life. Courts will see if the parent receiving child support payments will still be able to provide a safe and secure home if they are no longer receive child support
Ridgewood Direct Child Support Arrangement Lawyers Help Clients Petition Courts
Your Ridgewood direct child support arrangement attorneys should be able to assist you with petitioning the courts if your child is 18 years or older and unemancipated. Along with showing the reasons for your request, which may include any or all of the items discussed above such as a child moving away from home, it is also important to show that your child support payments have been on time and in the full amount historically.
After your child support agreement has been modified, it may be required that your child provides a receipt of child support payment to both parents. Until the past few years, the possibility to pay children directly was not lawful in New Jersey, and judges may be hesitant to allow such an arrangement. It is therefore prudent to go above and beyond when proving that direct payment would be beneficial for you and your family.
Contact our Hackensack Child Support Direct Payment Attorneys Today
The child support direct payment attorneys of Townsend, Tomaio & Newmark have extensive experience helping client modify their existing child support and child custody agreements. We take pride in offering creative and personalized legal services for our Bergen County clients from towns like Hackensack, Ridgewood, Paramus, Teaneck, Fort Lee, and all of Northern New Jersey. Our experienced and qualified legal team has been hand selected by our three partners to develop a uniquely diverse group with different focuses covering many aspects of New Jersey family and divorce law.
If you are considering a modification to your child support agreement to allow direct payment to your child or children, please contact us online or call us at our Hackensack offices by dialing (201) 397-1750 today for a free and consultation with a member of our legal team.