Can you claim child support if you live with the person you are filing against?

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Can you claim child support if you live with the person you are filing against?

Because I live with my girlfriend and child and she filed against me.

Asked on August 21, 2011 Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A person who files a petition or claim for child support of a minor child can do so even if the person filing the claim or petition is living with the father of the child where support is sought. The issue is whether or not the court will order child support against you, the respondent.

Factors in ascertaining whether a child support order will be issued or not against you are:1. whether or not you and the minor child are living in two separate households; 2. what amounts if any you are currently contributing for the minor child's support; 3. your net monthly income; and 4. the net monthly income of the child's mother.

If you are living with the minor child and are contributing to his or her support, the odds of you being ordered to pay any substantial monthly child support order does not seem likely.

Good luck.

 


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