QUESTION
Can I collect child support if I am living with the father?
Asked on Apr 27th, 2011 on Child Custody - Ohio
More details to this question:
Can I collect child support if I am still living with the father and we are still dating?
7 ANSWERS
Personal Injury Attorney serving Woodland Hills, CA
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VN Law Group P.C.
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Yes.
Answered on Jun 11th, 2013 at 12:10 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on May 03rd, 2011 at 10:03 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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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.
Answered on May 01st, 2011 at 4:38 PM
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.
Answered on Apr 29th, 2011 at 1:13 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No. Child support should be reduced to zero while you are both living together with the minor child.
Answered on Apr 29th, 2011 at 12:46 PM
The short answer is no, you cannot. Child support is based on number of overnights, and since you live together, you both have equal overnights. You are not entitled to any support.
Answered on Apr 29th, 2011 at 11:19 AM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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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.
Answered on Apr 28th, 2011 at 10:38 AM