March 2011


The Father of My Children Left Us. We Weren’t Married. Am I Entitled to Anything?

Summary

I lived with a man for 22 years and he left our children and me last summer. He’d started a business in the home before leaving and I wondered if I’m entitled to any profits.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘In the summer of 2010 the man I lived with for 22 years started his own business and after 3 months of running it from home he left us. We have 2 children whom he hasn’t supported since he left. Is there anyway I can claim half of the business proceeds? While he was here I did all the advertising and computer work for it. In 2004 he fell off a roof and his lawyer brought suit against the insurance company on his and my behalf. In 2010 he got a settlement but said my name wasn’t listed and cashed the check (that’s how he started his business). Is there anything I can legally do to claim at least what I feel I’m entitled to?’

You don’t say in what state this occurred, but in nearly all states there is little protection for partners who are not legally married. Things accumulated during the relationship are not considered joint property, and will belong to the acquiring partner. This is one of the main legal benefits of marriage – that assets acquired by one are considered joint assets.

Child support, however, is another matter, and whether you are married or not does not make a bit of difference; he is required to support the children, and you should consult with a family law attorney soon to get an action started to establish paternity and child support.

Another Man is Paying Child Support For a Child I Also Support. What Can I Do?

Summary

I just discovered that another man is also paying child support for my child. What can I do?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I have a problem with my girlfriend. I was paying child support for my child for a long time, but I just found out that another man is paying child support for the child as well. What should I do?’

First, we need to note that your request came from South Africa, and we are not at all familiar with the laws of South Africa. What we can tell you is that in the United States in general, what you would need to do is file a motion with the courts, asking them to determine paternity with a DNA test, to determine who the father is. If the child’s mother was collecting from both you and another man, for the same child, she is almost certainly guilty of fraud.