In a stunning new decision, a Superior Court Judge in Ocean County ruled that a noncustodial parent can make child support payments directly to his or her child under certain circumstances.
The aforementioned case, Kayahan v. Kayahan, was decided by Ocean County Superior Court Judge Lawrence Jones. His unpublished ruling, which was recently released, provides the court with discretion to determine if a noncustodial parent is permitted to pay child support directly to an unemancipated child over the age of 18. His opinion stated the following:
“This court recognizes that in certain circumstances, it may be logical, reasonable and fair to permit a noncustodial parent to pay some of his or her weekly child support obligation directly to a college-age child.”
This case revolves around divorced parents, Sidya Kayahan and Selim Kayahan, and their 21-year-old daughter. Selim, who is the noncustodial parent, requested a child support modification after a decrease in his income. He also petitioned the court for permission to provide child support payments directly to his daughter. Although Judge Jones ruled in this case that Selim should continue to make child support payments to his ex-wife because their daughter is still a part of her household, the Judge did rule that direct child support payments may be applicable in some cases.
When considering the possibility of direct child support payments in a given case, Judge Jones noted a number of factors that should be taken into account, including:
- The child’s maturity level
- The child’s previous demonstration of financial responsibility
- The noncustodial parent’s ability to make child support payments on time
- The extent to which direct child support payments to the child would adversely affect the custodial parent’s ability to maintain a household
Notably, Judge Jones cited the need for the child to spend the financial support provided on approved expenses, not on anything that he or she desires. He made sure to emphasize that child support would by no means act as an allowance, but would allow the noncustodial parent to remain actively engaged in their child’s life.
Overall, child support payments are a complex issue, often relevant during divorce proceedings, decided among unmarried parents, or determined through paternity testing. These payments may require modification over time if the parent providing child support undergoes a significant change in circumstances. When dealing with questions of child support, it is advisable to consult with a knowledgeable New Jersey family law attorney. Our talented family lawyers are pleased to provide answers to your questions with a cost-free consultation. Simply contact our Morris County offices at 973-828-0829 today.
For addition pertaining to this case, access the following article: Judge Says Child Support May Be Paid Directly to Child