child support be paid directly to adult children Realistic

Can child support be paid directly to adult children?

The short answer is no . You may be surprised by this blunt response, but that is the reality.

It is likely that, to avoid conflicts with your ex, you are considering paying alimony to your son, who has just turned 18 .

However, by your own decision, you cannot pay your adult children the alimony benefit established in a court ruling.

A different thing is that your ex accepts, in writing, the direct payment of child support to the children, once they have reached the age of majority .

The reasons why it is not possible are three:

  1. The administration of alimony.
  2. The coexistence of adult children with the custodial parent.
  3. The economic dependence of adult children.

If you want to know why, stay with us, we explain it to you below.

Who administers alimony?

The alimony benefit, established in a divorce decree , is intended to meet the needs of the children , that is, food, clothing, housing, school…

Once the amount of alimony has been judicially established , you must deposit it into the bank account indicated by your ex, the custodial parent.

Now, although the beneficiaries of alimony are the children, the person in charge of managing the money you receive, in the form of alimony, is the custodial parent.

The obligation to pay maintenance is established in favor of the father or mother with whom the children live. Once the age of majority is reached, the non-custodial parent continues to have the obligation to pay maintenance to the custodian .

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Therefore, since your ex is the one who manages the alimony money, he/she will be the one who continues to receive the income, regardless of the age of your child (minor or adult).

What does the coexistence of an adult child consist of?

The second reason why you cannot pay child support directly to your child after turning 18 is because he or she continues to live with the custodial parent.

Coexistence is not about living under the same roof, it is a stricter concept. For example, if your child is studying in a different city than the custodial parent’s residence, cohabitation is maintained.

The temporary residence of an adult child outside the family home does not extinguish the obligation to provide support, nor does it break the coexistence with the custodial parent.

Consequently, while this cohabitation continues, you must pay alimony to the parent who has custody of your children .

What is the economic dependence of an adult child?

Economic dependence exists when the adult child does not have a job that allows him to cover the basic needs of his life.

Currently, adult children lack economic independence; The usual thing is that, at 30 or more years old, they continue to need financial help from their parents.

If your child, of legal age, is financially dependent on you and his other parent, your obligation to pay child support remains.

Consequently, you will have to continue paying alimony to the custodial parent, in charge of managing the basic needs of the adult.

However, you should know that if this coexistence and economic dependence is created by your child, because he or she refuses to study or work, you can request the extinction of the obligation to pay child support through a lawsuit . We will deal  with this topic in another article.

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