I recently represented myself in a child support modification trial. I was asking the court to allow me to provide support directly to my 20 and 22 year old college students. During the pretrial to the original modification case The judge explained that in most cases support needs to continue to "keep a roof over the kids head" but this was not the case here. He also mentioned that paying child support directly to the children was/is an option and also cited examples of what support can be used for. My rational for this action is based on the fact that the mother is not distributing the support funds to the children who need help with car insurance etc.
My argument was this, based on the statements made by the judge
1. Mother doesn't need support funds to provide appropriate home
2. Providing support directly to adult children is an option
3. Using support funds for car insurance is appropriate
All of these points were cited from the transcript of the pretrial as statements made by the judge.
The judge contradicted himself at trial and addressed issue not being sought after
Judges in Probate and Family Court have wide discretion. Direct payments can be an option but both parties must agree to same. The three options you have in this type of scenario are 1. Pay support to the mother as customary; reach an agreement with the other party for direct payments; 3. file to cease child support citing that the children are no longer dependent on the payee parent for support.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
Judges have discretion to make decisions and that is why it is best to come to an agreement with the other party. Good Luck!
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
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