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

UPDATED: Aug 21, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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