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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34259
Experience:  16 yrs. of experience including family law.
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We are an unmarried couple; 12 years together, 2 kids

Customer Question

We are an unmarried couple; 12 years together, 2 kids together, plus I took on the role of mother to his 2 children from a previous marriage of which he has custody. It was agreed I would stay home to raise the kids. This allowed him to do his job. Kids are now a bit older and I am able to work again, which I do part time, but it's still "indigent" wages. I cannot take on a full time job because he "has to work" since he's the main bread winner. He is not allowing me access to any money, nor have knowledge of what it is coming and where any of it is. I have asked repeatedly, and he refuses. Now I am stuck with no money, carrying all the debt (because his credit sucks so it had to go in my name), and no resources or knowledge of in order to provide for our children. If he dropped dead tomorrow, I would still be screwed because I don't even know where the money is! I'm ready to leave and want to know what rights I have pertaining to 1) his portion of responsibility of paying off the debt; 2) my rights to know what, where and how much money there is and is coming in; and 3) are the odds in my favor for receiving palimony and child support in the State of New York. We have no Cohab Agreement; it was strictly verbal.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I did. New York.
JA: Has anything been filed or reported?
Customer: Please clarify
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at the moment
Submitted: 10 months ago.
Category: Family Law
Expert:  P. Simmons replied 10 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 10 months ago.

No marriage...and no written agreement? That makes it VERY difficult to obtain support (so called palimony).

Possible? theory. If you can prove that you had an express agreement (meaning you actually discussed this) he would support you in return for care of the children you could enforce this agreement under NY law. The case that applies is the Marone case (Morone v. Morone, 50 N.Y.2d 481 (1980))

The challenge in these cases is the proof...if you file for support (to enforce the express contract) you have the burden to prove the express have to prove what was agreed to.

If your partner agrees that there was a contract that they did not follow? Then you would likely win the case.

If they deny the contract? You have the burden of proof....and without a writing that can be very tough to accomplish.

Particularly if you are paying a lawyer $300/hour to try and prove it...

But to answer your questions, your rights will depend on your ability to prove your agreement. If you can prove he agreed to support you, then the court can enforce the agreement.

Otherwise? You have no rights

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 10 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding

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