Q: I pay child support to my ex-wife for three children. Our oldest child is 19. She wants him to pay rent. Is that legal?
A: By trying to have your child pay rent while receiving support payments, she may be misrepresenting her needs to the court. Family Court Act Section 413 (The Child Support Standards Act) provides that the non-custodial parent must pay the "basic child support obligation" in a percentage of his or her income. New York Courts hold that food, clothing and shelter costs are inherent to the basic child support obligation. So by trying to "double dip" as it were, your ex may have misrepresented her finances on the financial disclosure affidavits. It may be worth it to bring this to the Court's attention. Anything stated here is subject to a detailed, individual factual review of your matter, is not legal advice, does not form an attorney-client relationship, and may not be relied upon.
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