Child Support question

What is the name of your state? ny
My wife is paying child support for her daughter who is now 19 and who recently just had a baby of her own. Her daughter no longer lives at home (she was living with her father) and has a job and pays her own insurance (along with her fiance). My wife was informed by her daughters father that the child support payment would now go directly to her (her daughter).
My questions are;
1) Can he just change were the payments go to w/o consulting my wife?
2) Is my wife still required to pay child support?
3) If my wife is required to pay, shouldn't her father also pay?

TV5397 said:

What is the name of your state? ny
My wife is paying child support for her daughter who is now 19 and who recently just had a baby of her own. Her daughter no longer lives at home (she was living with her father) and has a job and pays her own insurance (along with her fiance). My wife was informed by her daughters father that the child support payment would now go directly to her (her daughter).
My questions are;
1) Can he just change were the payments go to w/o consulting my wife?
2) Is my wife still required to pay child support?
3) If my wife is required to pay, shouldn't her father also pay?

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I am not sure about NY but from what I read about Illinois is that support is until the age of 18 unless they are still in high school. I wouldn't think a 19 year old would qualify to receive support payments nor should the father get them either. I don't think either should be required to pay.

NY is CS until age 21.

However, IF daughter is legally emancipated, your wife should petition the court to stop paying CS.

nextwife said:

NY is CS until age 21.

However, IF daughter is legally emancipated, your wife should petition the court to stop paying CS.

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That is what I found too-21 years of age.

Back Up people.

First of all, the correct interpretation of the statute is 21, unless stipulated in the Support order. So, what does the support order say?

Next:

Can he just change were the payments go to w/o consulting my wife?

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No. The child support payments are to the father. He is the only party to the order from the court. The daughter is the beneficiary of the order, NOT a party to it. The payments continue going to momma and He can do with them what He wants.

Is my wife still required to pay child support?

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Unless otherwise stipulated in the support order, yes.

If my wife is required to pay, shouldn't her father also pay?

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No. The original support order stands. The daughter's change in circumstances does not change the order.

As for emancipation, In New York State, there is no Emancipation Statute or court proceeding in which an Order of Emancipation can be obtained. In New York, the status of a youth as an Emancipated Minor depends on the facts. Whether an Emancipated Minor has the same rights as an adult depends upon the relevant law.

Now, Although there is no court proceeding in New York to have a young person declared an Emancipated Minor, New York Law recognizes the status of emancipation and the rights of emancipated minors. To determine whether a young person is emancipated, the following factors are critical:

The youth must be living apart from his/her parents;
The youth must be self supporting (may be receiving public benefits or child support if required by court order);
The youth is not in need/receipt of foster care;
The youth is living beyond the custody and control of the parent;
The youth is over the age of 16.

However, "Emancipation" before the age of majority is never presumed, but must be proven by the party seeking to terminate support. See generally 59 Am. Jr. 2d, Parent and Child § 85 (1996).

Now, from all the facts you presented, the ONLY fact that is relevant is that the daughter is no longer living at home. Based on Wulff v. Wulff, 243 Neb. 616, 500 N.W.2d 845 (1993) (where daughter returned to her mother's home after she had a baby and broke up with her boyfriend, daughter was not emancipated); Bickford v. Bickford, 55 A.D.2d 719, 389 N.Y.S.2d 430 (3d Dep't 1976), this abandonment of the fraternal home COULD be used to prove a prima facia case of Emancipation.

Your wife should check her order to see if there is any verbiage regarding emancipating events with regard to support. Mine (from NY) states that moving out of the parental home, being employed full-time, married, and/or a fulltime member of the armed forces is an emancipating event that leads to the cessation of support (but the court must be petitioned).

As for sending the money to the daughter.... until a court orders her to stop paying, your wife is best off sending the check to Dad - he is then free to sign it over to the daughter.