Can I collect child support if I am living with the father? 16 Answers as of June 11, 2013

Can I collect child support if I am still living with the father and we are still dating?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
There is no legal reason a court could not enter a child support order under those circumstances - especially if you are not married to the father.
Answer Applies to: Colorado
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Do you mean, can you legally collect it? If you are not married to the father, just because you are living together does not mean that he is paying for all of your expenses, and you could properly bring an action for child support.On the other hand, is the fatherwilling to have you collect child support pursuant to a Court order while you are living with him and the two of you are dating? He might argue that he is supporting the child. You need to divulge whether he is agreeable to your collecting support, or not.
Answer Applies to: California
Replied: 5/1/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
No. If the two of you are living together, there is a presumption he is supporting you and the child in fact. To get a money judgement award is possible, but not needed.
Answer Applies to: Texas
Replied: 5/2/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You can request it, but since both of you have custody, it is unlikely that you would get child support. If he is contributing to the household expenses and the expenses of the child a court will be less likely to award any type of support.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, not unless he gives it to you voluntarily.
Answer Applies to: Virginia
Replied: 4/29/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Depending on the source, you may be on thin ice. If it is coming from DHR or the state, I would think you would need to check with them and disclose the current living arrangements. If it is paid by the father pursuant to court order, then he has the burden of filing something with the court to modify or cease the payment obligation or it will continue to accrue against him until he files a motion to modify. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    No not if you are living together.
    Answer Applies to: California
    Replied: 4/28/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    It is possible, though perhaps unusual, to collect child support in this situation. When a parent pays child support in Ohio, there is a 2% processing fee, so by collecting child support in this situation you are giving the state 2% in exchange for the security provided by a state order compelling the father to provide support to you. If he is inclined to be uncooperative in terms of sharing the expenses, or if the relationship is unstable and you think there is a good chance the relationship might not last long, it may be justified. I have seen several couples who have done this. One of them does it because the father owes child support for other kids as well, so by leaving the order in place he can make sure that more of his income comes to support his household instead of more going to support the kids he does not live with to the detriment of those in his household.
    Answer Applies to: Ohio
    Replied: 4/28/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, but only if he's not paying for his child or children already. Go to Family Court and file a Petition if you do not have the money for an attorney. Good luck.
    Answer Applies to: New York
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Be careful if you live with the father and you are still "dating." The father may break up with you if you file an action for child support. You could file a Paternity case or seek the services of your local support services agency, but you should be prepared for consequences in your relationship if you do so. Nevertheless, he should contribute to your child's costs of living. If he is paying the rent and utilities and buying food and clothes for your child, a court may not award child support to you while you are living with him.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No. Child support should be reduced to zero while you are both living together with the minor child.
    Answer Applies to: California
    Replied: 4/29/2011
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