I am currently paying monthly child support directly to my ex-wife, the custodial parent of our child (we share legal custody.) When my daughter goes away to college in four years and is no longer living at home, may I begin sending my child support check directly to her, and not to her mother? My daughter will become eighteen one month into her freshman year.
There are a couple of questions in your inquiry:
1. You indicated your daughter would be 18 years old one month into her freshman year. NYS is a "21" state which means that she is not considered emancipated until she's 21 unless she becomes emancipated another way -- marriage, military, full-time employment (but not while in school). Your daughter being 18 is not relevant here. In fact, if you and your ex-wife have an agreement, it may have defined how long you need to pay support. Often by agreement, spouses agree to support their kids thru college and often till 22.
2. Child support contains a shelter allowance as part of the amount you pay. Since your ex is maintaining the child's residence, and she will be returning during breaks and vacations, your ex needs funds to pay expenses. The money does not go to your daughter. The question is also whether you are paying room and board where your daugther will go to college and whether that's a duplication of what you're paying your ex in child support. There are counties in this State where you would receive a dollar for dollar credit against your child support for room and board paid on your daughter's behalf.
I hope this helps.
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