Child Support Claims

No. If you live in the same home then you are not separated and therefore are a married couple. Child support between a married couple is not a court issue.

Thank you for the reply. Does this rule also take into effect that we are not nor, ever have been married? I guess you can say that we are “Roommates” who happen to have a child together. Also, could you please provide me with the statue # that discusses this rule?

Oh I do apologize. I assumed that you had been married. I believe that if you are not married that a child support claim can be filed but I’ve never heard of it being necessary for parents who live together. I would think that if both parents live in the same home then the living expenses and needs of the child are being met…I wouldn’t think there would be a need for child support because the child is already being supported and any child support payments would strictly be to benefit the parent. I believe that child support is basically so that the child is taken care of as if the parents were still together so unless one parent is planning to move…you two already have that covered. Your situation is that the standard of living for the child has not changed.

Here is a section of the statute that discusses child support:


No, you cannot file for child support if you are living together.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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My daughter lives in the “same” house with me (father) and her mother. Mother and father only live together due to financial reasons, so we are no longer in a romantic relationship, however; we both contribute to the daily support for our daughter. Can the mother file a child support claim if we both live in the same house?