Legal Question in Family Law in Pennsylvania

My son who is divorced with a two year old son has 50-50 custody of him and lives in a house where the child has his own room. He lives the other 50% of the time with his mother who lives with her boyfriend and has a daughter (1 Yr.) with him in a two bedroom apartment. Are ther any stipultaions that a three bedroom apartment is necessary because the children are different sexes? My son still pays her child support?


Asked on 5/19/10, 6:54 am

1 Answer from Attorneys

James Monaghan Law Office of James V. Monaghan

As to your question regarding the bedroom situation, there is no "bright-line" test as to how many rooms are required. The general rule in every custody matter is what is in the best interests of the child. As to your second question, support and custody have no relation. The fact that she lives with her boyfriend has no impact on his responsibility to pay child support. that is determined by the support guidelines. In 50-50 custody matters, there may still be an obligation by one party to pay support to the other depending on the disparity of the incomes.

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Answered on 5/25/10, 5:57 am


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