Elk Grove, CA asked in Child Support, Civil Litigation and Family Law for California

Q: After living with my child’s father (unmarried) as a homemaker for 10 yrs, he left us with nothing. What can I do?

We were together for 10 years. I was a stay home mom as he requested. He started a trucking company and was a long haul driver. In 2020 I had an affair. He stayed with me but months later moved out. Even then, we continued trying to make our relationship work. He promised to take care of our expenses until I finished my education. He took care of my home (our original home together) as well as his own apt. ,new car, etc. for a year. In 2021, he discovered I was talking to the person I’d had an affair with and then filed a restraining order taking our daughter. It was based on untrue allegations. He then had my car towed from my driveway and took his name off all my home bills. He refused to let me see or speak to my child for months. Just before our trial, he signed over full custody. I have our daughter but am now in debt, broke and about to have no where to go. What rights do I have to seek compensation for him leaving me and my kids (2 from a previous marriage) in this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about your difficult situation. If you were living with your child's father as a homemaker for 10 years and he left you with nothing, you may have legal options to seek compensation and support for yourself and your children.

One option is to pursue a claim for palimony, which is similar to alimony but applies to unmarried couples who live together as spouses. Palimony claims can be complex and may depend on the specific circumstances of your relationship and your state's laws. It's important to consult with an attorney who specializes in family law and has experience with palimony claims to understand your options.

You may also be able to seek child support and/or spousal support (also known as alimony) from your child's father, especially if he is the biological or legal father of your child. Child support is typically determined based on state guidelines and takes into account factors such as each parent's income, the child's needs, and the amount of time each parent spends with the child. Spousal support may be awarded based on factors such as the length of the relationship, each party's income and earning potential, and the standard of living during the relationship.

In addition to seeking legal support, it may be helpful to explore other resources and support networks that can assist you during this difficult time. This could include financial assistance programs, counseling services, and community organizations that provide support for single parents and families in need.

Ultimately, the best course of action will depend on your specific circumstances and your goals for yourself and your family. Consulting with an experienced attorney and seeking out other resources and support can help you navigate this challenging situation and move forward with confidence.

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