Legal Question in Family Law in New York
529 accounts and child support
My xhusband decided to start a 529 account and deposit some of the Child support he is supposed to pay into it instead of paying it to me. I am not a signer on the 529 account. Is he able to do that?
1 Answer from Attorneys
Re: 529 accounts and child support
To answer your question, I will need further information. Is the child support, court ordered, a provision of your stipulation of settlement from the divorce or an agreement between the two of you?
If the answer is either a court order awarding child support or a provision of your stipulation then the answer as far as I am concerned is no, definatly not. Court ordered or stipulated and ordered support is absolute. It is the property of the child through the custodial parent and thus the non custodial parent is responsible for paying the funds and can not divert them for anyother purpose including placing the funds in a special account.
I would contact an attorney and file a petition in family court for violation of the order or stipulation immediately.
If you would like to discuss this matter further you can contact me at [email protected] or at 516.746.4747
Joel R. Salinger, Esq.
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