CanI file for my own child support, even thoughmy child’s father andIlive together?

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CanI file for my own child support, even thoughmy child’s father andIlive together?

My boyfriend and I live together. He pays $2400 a month to his ex-wife for child support. Their amount was not set by the courts and we have a child of our own and another on the way.  And if I do will the courts lower her amount? We can barely afford a place to live and now I am unemployed, but he doesn’t want to take her to court to lower it because he doesn’t want his kids to think that he doesn’t want to support them. What should I do?

Asked on September 3, 2011 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are living with your boyfriend with your mutual child, he has no obligation to pay child support because he is already supporting your mutual child by living with him or her and paying the expenses for you and the child.

The purpose of child support is for the absent parent to pay for part of the day to day expenses of his or her child. The court will set the monthly child support rates for children based upon court guidelines taking into account the net monthly income of both the parent who has physical custody of the child and the non-custodial parent.

The only way your child would be able to obtain child support from your boyfriend and his/her father is if you moved out of the household that you are sharing with him.


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