QUESTION

When I go to court for support, will the court deduct what he pays her or will they take into account that they've been living together for 8 months?

Asked on Jul 24th, 2014 on Child Custody - Washington
More details to this question:
My ex-boyfriend left after 6 years when he found out about pregnancy. He left with his ex-wife to another state. He pays court ordered child support to their two children even though they are living together. I believe if they live together and both support their children then more funds are available to him to support our new child. Also, I do have a 10 year old child from a previous marriage who I take care of and receive only disability for, due to his father’s 100% disability, instead of child support.
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2 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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The court does neither. It will take into consideration that he has two other children for purposes of deviation. Do inform the court that they are living together. As to your older child, the child's disability payment is the father's support.
Answered on Jul 25th, 2014 at 5:36 PM

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William M Stoddard
Your support is not based on whether he has more spendable income. Your support is based on his net income as compared to your net income. The only question is which column of the support calculations should be used as he will have three children to support when you deliver. Should the three column be used? No. Your child is the only one between the two of you. The one child column should be used and then he should be asking for a variation on the amount based on his need to support two other children. The could will make some adjustment, but not much, particularly if the court is informed on his current living situation. You really do need some help with this. See if your court has a facilitator with whom you can meet if you do not believe you can hire an attorney. Some attorneys may consult with you without being hired for a fee too.
Answered on Jul 25th, 2014 at 4:57 PM

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