Your Divorce Decree relative to the child support obligation should go further than simply saying "until the age of 20." The normal decree states that child support continues until the subject child reaches the age of 18, graduates secondary school (which is "High School"), joins the military, marries, dies, etc. I do not know the exact language of your particular decree, so it is hard to say what you can, legally, do at this point. If it states what I have noted above, then your obligation ended when your child graduated high school. Normally, the "20 years of age" language is put in a decree because not all children graduate at 18. By the same token, some graduate at 17, but it depends on the language in your decree as to how the Court dictates (or you and the other parent agreed, if by Agreement) as to how and when support should be paid and for how long.
If, on the other hand, your decree states that it continues to the age of 20, and there is no other qualifying language, then it is the "custodial parent" you must pay, if that is what the decree tells you to do. Side agreements between you and your ex, or between you and your child, will not hold up in Court, should your ex not like what you are doing with the support being sent directly to your child in college. The Court Order is what you follow.
I hope this helps.
Danielle D. D'Eor-Hynes, Esq.
www.hynesfamilylaw.com
Answered on Aug 27th, 2011 at 1:34 PM