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How is child support impacted if we keep living in same house after divorce if we want joint custody of our 16 year old child?

San Ramon, CA |

My wife and I have filed for divorce.
When divorce is finalized, we may choose to keep living in the house we both own until our daughter is 18, for financial reasons and to avoid having to juggle our 16 year old daughter between two houses. We want joint custody of the child. Is child support calculated in the same way as if we were living in separate houses? Is there any other consequence to this arrangement when compared with the ex-spouses living in separate houses?

Attorney Answers 3


Child support is calculated based upon the earnings of the parties, the time the child spends with the non-custodial parent and any other factors that impact earnings mandated by insurance and retirement. How expenses are shared while living in the same house could impact the earnings of the parties. Suggest you see an attorney on this.

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The major components of child support are each of your earnings and your timeshare with the child. If you both live in the same residence with the child, this is a wild card situation and your ultimate result is going to depend on exactly what judge you are before. I can imagine quite a number of different variations in regard to how this situation might be handled.

I hope this is helpful.

John N. Kitta

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1 lawyer agrees


Most often if the parties still live together there is no child support. But you are talking about living together long term which is not the usual situation. The judge has discretion. You should seek an experienced local family law attorney.

Thomas Neil is an attorney, with 20 years experience, representing clients in court in the Bay Area and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

Thomas A Neil
1000 Fourth Street
San Rafael, CA 94901
(415) 500-3014

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