How Living Together Affects Child Support Payments

Who Pays Child Support In Joint Custody?

In the majority of cases, child support payments are pretty straightforward. Most of the time, children will live primarily with one parent, who will need some kind of financial support to help care for the children. Therefore, the court will generally require the noncustodial parent to pay child support to help the custodial parent best care for the children.

However, some cases are more complicated than others, which is why working with an experienced Arizona family law lawyer can be extremely beneficial.

Child Support Law In Arizona

How Do Child Support Payments Work In Unusual Situations?

Not every family situation fits into a neat box. There are always exceptions to be considered. For example, what if both parents are living together with their child(ren)? Who would then be required to pay child support?

Often, the court will assume that the child will need support from whichever parent does not have primary custody. However, if the child is living with both parents, the court may not order support because it is assumed that the child will be adequately provided for as part of the household.

In these types of cases, courts are generally not involved. If the child lives with both parents, there is generally no obligation to pay child support. However, your Arizona child custody attorney can help you work through your unique family situation and determine your legal options if you are in need of financial support from your child’s other parent.

Paying Child Support When The Child Lives With Their Custodial Parent

In rare circumstances, the court deems it necessary that one parent be ordered to provide support to the other parent who lives in the same home. Just because both parents are sharing the same house does not mean that they are both providing financial support to the household and care for the children. If the parents are not married, there are no legal property rights, which means that one parent may reside in the household but not have legal possession of anything in the home. In that kind of situation, the children may be negatively affected, and the court may get involved. Your Phoenix family law attorney will provide guidance and ensure that payments are as fair as possible.

 What Proof Do I Need To Provide In Order To Receive Child Support?

If the court discovers that one parent is not properly caring for the children in the household, the judge can order that they pay financial support to the other parent. Although parents are not obligated to support each other, they are legally obligated to care for their children.

In a situation where one parent is not caring for the needs of the children, the court can become involved. This most frequently happens when one parent is responsible for all of the household expenses and the children, while the other parent keeps all of the money they make for himself or herself.

It’s important to realize that these tend to be complicated circumstances. Although the court does not want to force parents to separate, separation is often inevitable in these types of circumstances. Requiring one parent to make financial payments to the other can sour the relationship further and lead to a separation, but ultimately, the court will consider what is in the best interest of the child.

Considering Unusual Circumstances In Court

Most of the time, courts will not become involved in child support orders when parents live together, because it is assumed that the child is being adequately cared for by both parents. But some family situations are more complicated, and both parents may not be providing for their children even if they are living together.

If you are in this type of situation and need child support from your child’s other parent, contact a Arizona child support lawyer to discuss the circumstances. In order to receive child support payments, you’ll need to provide plenty of documentation to prove your allegations of neglect; your word is not enough for the court. You’ll need to provide financial records demonstrating that you have become your child’s sole financial provider and that the other parent is failing to care for the health, welfare, and financial needs of your children.

Unfortunately, this can be extremely difficult to prove while living together, so seeking the counsel of an experienced Mesa family law attorney is crucial to promote the best possible outcome.

Consult With An Experienced Family Law Attorney In Tucson

If you are in a challenging domestic situation and wondering what legal options you have, consult with My AZ Lawyers. We have extensive experience in domestic disputes, child support, and family law. We work to ensure that your and your children’s welfare are the top priority throughout your case. Get in touch with us today to learn more about your legal options and receive guidance on how to move forward.


Contact Professional Family Attorneys In Arizona

Arizona Offices:

Mesa Location:
1731 West Baseline Rd., Suite #100
Mesa, AZ 85202

Office: (480) 448-9800

Phoenix Location:
343 West Roosevelt, Suite #100
Phoenix, AZ 85003

Office: (602) 609-7000

Glendale Location:
20325 N 51st Avenue Suite #134, Building 5
Glendale, AZ 85308

Office: (602) 509-0955

Tucson Location:
2 East Congress St., Suite #900-6A
Tucson, AZ 85701

Office: (520) 441-1450

Avondale Location:
12725 W. Indian School Rd., Ste E, #101
Avondale, AZ 85392

Office: (623) 469-6603

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