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Home > Law > Family Law   »   child support/custodial parent moves in with boyfriend

 
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Old Aug 4, 2007, 01:49 PM
Tulipwrench
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child support/custodial parent moves in with boyfriend

i just got ordered by court to pay $200 a week in child support for my one daughter. now I find out from my 9 year old daughter that her mommy's boyfriend has been living with them and now are moving into other house. he is paying for everything.

my question is can my child support be lowered? since he is paying for everything.

joe

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Old Aug 4, 2007, 02:19 PM   #2  
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I don't think it matters since he is not the legal guardian of your daughter. If you feel that it is to much money I believe you can go back to court but then they go thru you finances etc. I remember my dad did that to my mom and the court ordered him to pay even more child support.
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Old Aug 4, 2007, 03:33 PM   #3  
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Not in our state, in our state, child support is based only on the income of the person paying. Not the income of the other party, or thier household.

The attorney that handled your child custody can give you more info on your state.
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Old Aug 5, 2007, 04:36 PM   #4  
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Generally, no. The boyfriend has no legal obligation to support your daughter, so theoretically he is paying nothing for your daughter, even if the actuality is different. You are the father and you are the one legally obligated to support your daughter. The money you pay is supposed to go for her living expenses ; food, clothing, medical care, etc. Certain "community" expenses necessary for the sustenance of all members of a household, such as rent/mortgage, utilities, transportation and other things can be considered as well, so it is legitimate for mom to spend a portion of the weekly $200 on these things as well.
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Old Aug 5, 2007, 05:04 PM   #5  
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No, as stated above, her boyfriend is not responsible for supporting your daughter. Regardless of living situations you are still going to have to pay what the courts ordered...based solely on your income and the mothers income. And you said you "just got ordered"...if it is a new order it cannot be re-evaluated for 3 years.
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Old Aug 5, 2007, 05:12 PM   #6  
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No, no, no! Your support is ordered based on the two biological parents income and responsibilities to your daughter. Even if she lived with someone who won the lottery or came into a large inheritance, it would not lower your support obligation. You pay support based on you and the child's mother supporting the child. If the child benefits from the living situation she is in that is considered more of a gift. Just like if your daughter and her mom lived with her parents (grandparents of your child). No one but you and the mother have a duty to the child. It saddens me that your looking for some way to lower your responsibility. Children are extremely expensive. Often the non custodial parent has no idea of the real expenses as he/she only looks at major expenses not the daily living expenses, medical, educational, social expenses. Quit looking for a way out. Do your duty and be a good father in every way possible.
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