Login|Contact Us
Question and Answer

Family Law

Ask a Family Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I am a 39 yr old female who has cohabitated with a 42 yr old

 
David L's Avatar
  • Answered by:David L
  • Family Law Attorney
  • Positive Feedback: 97.0 %
  • Accepted Answers: 398
Verified Expert
in Family Law

Recent Feedback

Positive
Received a precise and clear answer to my question. Helped a great deal. Thanks.
Positive
prompt and helpful answer.
Positive
I do like the spirit you put into it.
Positive
Good Work Dear Attorney
Positive
Extremely Helpful willing to answer all I asked.
Positive
Very quick and efficient.
Positive
He gave me the answer to what I needed to know
Positive
Very quick getting back to me. Took me to a great website that I probably...
Positive
Thank you!!
Positive
David L and Just Answer are an excellent team to find out the pitfalls and...

Customer Question

I am a 39 yr old female who has cohabitated with a 42 yr old male in the state of New Jersey for the past 6 and one half years. We are not legally married. As a result of this relationship, we now have a 2yr old special needs child. Our son was born with a severe case of cerebral palsy and brain damage. The Doctors have predicted that he will require Medical treatment for the rest of his life. I am presently living in my male partners home in NJ. The house is in his name and he owns a very successful electrical contracting business. i have not been able to work because I have had to stay home and take care of my special needs child. We have no precohabitation contract.His two expensive cars and a boat are in my name. my male partner has been giving me $2000 a month and paying $2000 amonth in health ins for my son and I, as I also have several existing medical conditions. Now he wants me to leave with my son.What are my rights in the state of NJ if we separate?Does he have to continue to pay for our son's prolonged medical attention? Am I entitled to any monthly compensation considering we are not married but considering that I will have to finance a new dwelling and take care of our child for the rest of my life. i anxiously await your answers and advise. thanking you in advance for your consideration of this matter. Yours truly Raquel

 



Already Tried:
Middletown NJ Besides multiple arguments with my male partner, I have not sought any legal advise. I was hoping you could steer me in the right direction.

Submitted: 354 days and 3 hours ago.
Category: Family Law
Value: $79
Status: CLOSED
Picture
Expert:  David L replied354 days and 3 hours ago.

Hello and thank you for asking your question. My name is XXXXX XXXXX X will be assisting you. I am researching particular areas of your question and will post an answer in a few moments. Thank you for your patience.

Accepted Answer

Picture
Expert:  David L replied354 days and 3 hours ago.

Thanks again for asking your question. This is a complex legal area and a local attorney will have to evaluate your case in full. However, let me give you some guidance and see if I can point you in the right direction. Unwed partners in NJ are generally not afforded the same support rights as are provided to married couples seeking a divorce and alimony. Seeking support from an unwed partner is called "palimony." Over the years, NJ has had a number of changes in its approach to palimony, most recently with the changes to the law in the latter part of 2010. The changes to the law in 2010 made palimony awards much more restricted. The essence of the new law was that palimony agreements wouldn't be enforceable unless made in writing. (N.J.S.A. 25:1-5(h)) This is a hot area of the law, and a number of cases have been litigated since the passage of the law with the new requirements. Thus, the central question in your case would be whether a palimony case would be completely barred by the new statute (assuming that you have no support agreement in writing).

Even barring a palimony claim, there may also be other legal theories that can potentially be brought to get you support. Here is a great link to recent cases, which will give you some good background:

http://njdivorceblog.typepad.com/new_jersey_divorce_law_me/palimony/

As stated earlier, this is a complex legal area with many recent changes. While you may potentially not be able to bring a statutory claim for palimony after the recent changes to the law, you may have other options and alternative claims.

Let me now address support of your child. Fortunately, this is an easier analysis. Regardless of marital status, each parent has a support obligation to their child(ren). Thus, you can calculate support in the same way a married couple going through a divorce would make the calculation. Given the disparity in income and assets, your child should be entitled to child support from the father. The number can be calculated with fairly good accuracy using one of the available calculators on the Internet. Here is one you can use as an example: http://www.njchildsupport.org/Article.asp?AID=174



I hope this information is helpful and answers your question
but please feel free to post follow up questions or comments if I can assist you further. It is my goal to ensure your question is fully answered to your satisfaction.



Expert TypeFamily Law Attorney
Category: Family Law
Pos. Feedback: 97.0 %
Accepts: 398
Answered: 6/30/2012

Experience: Practicing family law attorney in multiple jurisdictions

Ask this Expert a Question >
 
Tweet

16 Family Lawyers are Online Right Now

Ask Your Question Now
Ask A Family Lawyer
Type Your Family Law Question Here...
characters left:

Top Family Law Experts

See More Family Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Family Law

  • Domestic Violence Laws
  • Questions about Tenants in Common Law
  • Foster Adoption & Fost-Adopt Questions
  • Motion for Discovery Questions
  • Interrogatories and related Questions
  • Marital Status Questions
  • Marital Settlement Agreement
  • Custody Rights Questions
  • Order of Protection Questions
  • Plenary Guardianship Questions
All Family Law Articles
 
 
 

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
224 Family Lawyers are Online Now
Type Your Family Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan