East White Plains, NY asked in Child Support and Family Law for New Jersey

Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her.

In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was living on his own and i've been helping him with money, clothing and supporting him. The mother has always been manipulative and on welfare, telling my son he needs to take some college course just so they keep getting child support after he turns 19, I don't have a problem paying but it is hard giving it to her and not him, she has no relationship with him and it would not help my child at all, is would be like spousal support. If they won't let me change the benefactor then can a legal contract be made that she has to give it to him?

Can a lawyer help me achieve these?

I live in NY, but have a New Jersey case.

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2 Lawyer Answers
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Your understanding of the decision in Kayahan is wrong. In that matter, the court said:

When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.

You are not looking to pay a portion of your current child support obligation directly to your son but you want a portion of your outstanding child support arrears to be paid to your son - Kayahan does not support your request and I dont believe that a judge would entertain your request.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: You are incorrect The court in Kayahan ultimately found that payment of the child support to the “child” was not appropriate after weighing the facts of the case. However, this case has opened the door as another potential remedy to the misuse of child support payments by former spouses of unemancipated children over the age of 18. These cases will be decided on the 4 factors cited in the case. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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