Can an ex request palimony and is he entitled to any kind of compensation? - Divorce Law Questions and Answers- LawQA.com

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Can an ex request palimony and is he entitled to any kind of compensation?

I lived with my ex-boyfriend for a little over 10 years. We have an 8 1/2 year old child together. While we lived together, I worked almost all the time and he had jobs on and off. We split up on September last year and I moved out with my child. During the last year of living with him, I went to school, then I worked for 2 months and got injured on the job. When I moved out, I got a back payment from worker’s compensation that I split with him. Recently, I received a worker’s compensation settlement and he is requesting that I should give him some of the money because, according to him, we were in a common law marriage and he can take me to court to pay him. He also requests money for my car, which I recently paid off with my settlement. As mentioned before, we have a child together that he sees whenever he likes. He does not pay child support, even though the child lives with me full time and I provide for all expenses. Would I need to get a lawyer to protect myself from his claims? He has a friend whose parents have very good lawyers and he keeps on telling me that he is taking me to court. What are my options?

Answer By Steven Alpers

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He should be paying you child support. You do not owe him part of your payment for your personal injury. That is separate property and not to be divided.

Answer Applies to: California
Replied: 5/6/2014

Law Offices of John F. Nicholson
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It does not sound like a palimony suit would apply but I would need more facts to determine that. You need to consult an attorney on that issue. On other issues, it appears that you could file a paternity action and establish you ex as the father, in which case you can get child support until the child is 18 years old, but you cannot get any back child support that you would have been entitled to. Regarding splitting your worker's comp settlement he is not entitled to anything, unless you have an agreement that you receive something in return. Also, common law marriages are not recognized in California but if you lived in a state that recognizes common law marriage and you meet the requirements, California would recognize a valid common law marriage from that state.

Answer Applies to: California
Replied: 5/5/2014


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Do not let him bully you into giving him anything. You can file for custody and child support from him.

Answer Applies to: California
Replied: 5/5/2014

Answer By Anne B. Howard

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The settlement is yours. There is no common law marriage in CA. He is a gold digger.

Answer Applies to: California
Replied: 5/5/2014

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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Since you were not married, there is no community property, hence your boyfriend is not entitled to any portion of your workers compensation claim. With that being said, you should initiate a petition for paternity to establish the parental relationship of the child and ask for child support.

Answer Applies to: California
Replied: 5/5/2014

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