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My fiance pays court ordered child support to another woman. Can I sue him for child support also if he lives with me?

Asked about 3 years ago - Pittsburgh, PA

My fiance pays court ordered child support. We just had a child together. Most of his earnings go to supporting his first child, leaving me and my child to go on food stamps and CHIP. Can I sue him for support also if he lives with me. Only my name is on the lease and utilities.

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Attorney answers (2)

Audrey Lynn Buglione

Reputation Level 9

Answered about 3 years ago.

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You fiance should consider filing for a modification of child support based on the arrival of his new child. You should consult with an attorney in your area to determine whether or not this would be beneficial to you. Child support is based on statutory guidelines based on income, amount of custodial time, and number of children. There are also rules allowing for upward or downward modifications based on individual scenarios.

Law Office of Audrey Buglione

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Susan J. Sacchetta

Reputation Level 8

Answered almost 3 years ago. Family Law Attorney in Paoli, PA.

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You cannot file for child support while living in the same house. However, he may file a modification petition alleging the birth of your new child as a change in circumstance. Under current law in PA a deviation from the guideline support order may be warranted when a second family is involved. There is a formula that is used to determine whether a modification would be warranted. He should contact a lawyer and provide him or her with the necessary information to determine whether he would be successful. However, he needs to remember that it is only retroactive to the date that he files.

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