Legal Question in Family Law in New York
child support
To Whom It May Concern:
I have a current court order of child support for my son who is 15 years old. The court order is here in New York. He lives in Las Vegas. My problem is that he does not get along with his mother, he has moved in with a friend of his and there family. My question is can I send him the money direct for his support being that he is no longer living with his mother. What do I do legally about this. Your help would be much appreciated.
3 Answers from Attorneys
Re: child support
As Mr. Clement notes, you need t pay in accordance with the order in effect. If the child does not live with the custodial parent, you should petition for a modification or termination of support.
Re: child support
This cannot be anything but very difficult for you. Not only is your son not living wht you, but he is far away in an environment you are unfamiliar with.
Before I answer, I have a couple of questions: 1)is the friend living in his own home or living with his own parent(s).
2) does the mother know where he is?
3) was there an order of custody for either you or your ex. was there and order of joint custody? was custody decided by a private agreement betwen you and your ex?
4) was there a court order of child support or was this by a private arrangement between you and your ex?
In general, if there was a court order for custody and support, then you may not send the money to your child living without adult supervision.
If you support your child's choice of residence/home, then you may petition the court for an order. If there is factual support that it is in your child's best interest for the change in his custody/residence, then the court may agree and approve the change. The petition is made by motion on notice and is generally a simple, inexpensive action.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.
Re: child support
You should pay support as directed by the order. If you wish to pay suport directly, you should make an application to the court.
Daniel Clement