QUESTION
Can I file for child support or spousal support, even though my husband and I live in the same house and are married?
Asked on Oct 11th, 2013 on Child Custody - Utah
More details to this question:
He does not contribute to any household expenses nor does he provide any financial support for our son.
4 ANSWERS
Bruce Provda
No he is deemed to be supporting the family.
Answered on Oct 14th, 2013 at 12:34 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Yes, it's called family support.
Answered on Oct 14th, 2013 at 10:50 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it is possible you might have an action for separate maintenance, but such are difficult if you are still living together.
Answered on Oct 14th, 2013 at 10:38 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Excellent question. While there is technically nothing in Utah law that would prevent a court from awarding spousal support and/or child support to a wife who lives in the same house with her husband (or to a husband who lives in the same house with his wife) the IRS/federal law will not allow alimony to be taxable to the recipient if the parties reside in the same household. As for child support, I believe most rational judges and commissioners would see it as pointless to make your husband hand you a check every month to care for yourself and/or the kids when he's there too to provide support for the family already.
Answered on Oct 14th, 2013 at 9:42 AM