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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.