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  1. #1

    Default Can the Mother Get Support if She and the Child Live With Father's Parents

    My question involves child support in the State of: California
    I have a 4 year old daughter with my ex girlfriend. About 6 months ago she asked to move in to my house that I share with my parents because she was struggling with her roomate. I said yes, we are not together. She is still living with me and does not have to pay rent or anything else. Our daughter goes to a public preschool so she does not have to pay for that and my mother watches her when she goes out because I work nights. I just got a job and she still makes more than me. She recently served me with child support papers saying I had to pay her 500 a month and I have to start paying december 1st. Can she ask for child support even though My daughter and her are living with my parents and me and she does not pay rent or anything? How can I fight this? I'm 26 she's 24

  2. #2
    Join Date
    Apr 2009
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    Default Re: Legal is It Fraud

    What exactly were you served with?
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  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Can the Mother Get Support if She and the Child Live With Father's Parents

    She can ask for support. You're not supporting her. She would be eligible for support if she lived with her parents, and the fact that she lives with yours is no different - they're third parties with no duty to support her.

    If you were served with an order, why didn't you go to court prior to getting served with the order? If you were served with a motion for a custody and support order, including proposed figures for support, you can appear and argue for whatever amount of support you believe is proper under the state formula.

  4. #4
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Can the Mother Get Support if She and the Child Live With Father's Parents

    The fact she with your parents is irrevelant, but the fact she lives with you is. In the support calculation was the fact that you spend time with you daughter on a day to day basis a factor? Or did she give another address (an old one perhaps) or didn't mention she live with you and that you were not seeing your daughter regularly and got the full percentage of the child support?

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