Staten Island, NY asked in Family Law for New York

Q: Can I get more than just child support from my son's father?

I am not working and have been ill for the last few years. My son is Autistic. His father walked out on us a couple of months ago and is now refusing to give us money. We lived together for almost a decade. He claims us as dependents on his taxes and has done so for years. Can I get more than just child support from him if only for a temporary amount of time?

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
  • Brooklyn, NY
  • Licensed in New York

A: If you are married, you can petition in family court under the "F Petition" to get an order of spousal support. However, if you are not married, you are not eligible because the court has no no way of knowing your personal status despite the tax returns from the past. The court requires proof of marriage because there is no duty of non-spouses to support each other. Otherwise, if you are not married, you cannot obtain any other form of support except for child support if you have his biological child's custody.

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