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Q: “My girlfriend and I are currently in relationship and we have a 2 year old child. We have been together for 8 years and we are both deaf adults. We have been living together for months and I have been financially and emotionally supporting my son since day 1. Now come to find out my girlfriend is under guardianship and her mother is her legal guardian. Her mother is very toxic and manipulate she is trying to contacts lawyers if she file child support against me. She said I have not financially support my son which is so not true. I have kept all receipts and my gf and son live with me. Can my girlfriend’s mother file child support against me?”
A: “Generally the answer is no. If you live with the mother & child, you’re a de facto custodial parent who cannot (generally) be the subject of a child support order. Furthermore, despite the guardianship order, it is doubtful your girlfriend’s mother would have legal standing to file for child support on behalf of her grandchild (she’d generally need to have legal custody of the child as well). Schedule a consult with a Bronx Child Support attorney for a full assessment.”