QUESTION
Can I send child support to my adult child who cares for my minor children instead of to their mother?
Asked on Mar 06th, 2013 on Child Custody - Oklahoma
More details to this question:
My wife and I separated in New York. She then moved to Florida with our children. I've been paying child support of $100 per week, but not through any state department of child support. Now my oldest daughter, who is 23 and no longer receives support, is in her own. I just spoke with her, and she is caring for her 2 younger sisters. They are staying with her instead of with their mother. Can I send the money to her instead of their mother? I want to help my daughters, but am afraid their mother will go to court and say I am not paying support.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will have to go to court, making a motion to modify child support, at least as to the payee. Otherwise you'll be in violation of the court order and therefore subject to its contempt powers. You cannot unilaterally simply modify your situation.
Answered on Mar 07th, 2013 at 1:07 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
If there is no court order requiring you to pay child support to your wife, you can do whatever you believe is best for your children. It is unlikely that your wife could successfully begin a child support action for children that are not in living in her home. If there is a court order requiring the $100/week you are paying, you need to get that modified to allow it to be paid to the oldest daughter.
Answered on Mar 07th, 2013 at 1:07 PM
File a motion to modify support, in the original case in the court district where you were divorced, based on the changed circumstances.
Answered on Mar 07th, 2013 at 1:06 PM
John Arthur Smitten
No
Answered on Mar 07th, 2013 at 1:06 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Since there is no court order in place, send it to whomever you like. And if your wife does go to court, you can have your daughter testify that she is the one caring for the girls. However, to make it crystal clear, your daughter ought to get a power of attorney from you to raise your other daughters.
Answered on Mar 07th, 2013 at 1:06 PM