Can I Pay Child Support Directly to My Child?

Authored by Lloyd C. Rosen

This is a question matrimonial and family law attorneys hear on a regular basis. The simple answer is, “No.” Child support must be paid either to the custodial parent or legal guardian or to the appropriate child support enforcement agency, which is a state agency for New York which collects payments on behalf of the payee. This is an optional method of enforcement.

It is important to retain proof of your payment (canceled check, money order, or even a signed receipt if paid to the custodial parent or guardian) to protect yourself against a claim of non-payment. If you are paying through a child support enforcement agency, retaining proof is less of an issue, but still a good practice. The statute of limitation for child support enforcement in New York is 20 years, so retain your records in a safe, secure location – multiple copies in different locations can seem like overkill, but like an insurance policy, may someday prove to be a valuable precaution.