Domestic Partners w/child - Do I have ANY rights?


#1

Began domestic partnership April 2008 - He was paying separation support for his wife which turned into alimony. I ignorantly took on approximately $90k worth of debt in my name during the course of this relationship to help pay for his previous marital debt, lawyer fees, and alimony. I assisted in repairing and keeping his credit stellar in order to move and purchase a new house in the future when I was to become a stay at home Mom.

Ignorantly believing this was the ‘love o my life’ we decided to try to get pregnant in May 2008. We succeeded on the first attempt. Our son was born in Jan 2009. There is no question of paternity. We lived in our domestic partnership until May of 2011 when he decided to leave to continue a relationship he had been having for seven months. The paramour lives in FL. He ‘dated’ and stayed with her and her daughter when on business trips in FL. They also planned meetings in other locations.

We own a home together which had been on the market since Sep 2010. We had planned to move to the beach to be near family and friends and to give our son a similar environment in which we grew up. I had advised my work that I would be leaving and committed to supporting him in his job so that he could prosper believing that I was doing it for our family.

He left and returned several times in the past two months. On one of his 2 week departures to FL I moved out of our home and to the beach to be near family and friends for support. We decided to rent out our house so that he could join us at the beach and continue our family. After multiple attempts to end the affair and to save my family I agreed to marry him in SC where his family resides. We applied for the marriage license last Thu. On Fri morning he got up and decided to leave again to be with his paramour on vacation in NY with her family. He left my son and I in SC with his family.

I’ve been told that I will most likely have to file bankruptcy because he will have no legal responsibility for the debt. I’ve been told that since we are unmarried and NC doesn’t recognize domestic partnerships I will have no recourse for any type of support other than State required child support.

Is there any historical case such as mine that I could refer to for help or is what I already know exactly how it is going to be?

I know now that my choices were ignorant but I truly need help.


#2

NC does not recognize domestic partnerships, though he will have an obligation for child support.


#3

Is there any form of Alienation of Affection or Criminal Conversation that would apply to the person that broke up my family?

Are there any other legal avenues that I can follow or do I just have to hope he ‘does the right thing’?


#4

No action against the third party will lie since you were not married.

As for the remaining items, you may want to speak to an attorney who practices general civil litigation to see if you have any cause of action for fraud, ect.


#5

He has decided to live in FL in the home of his paramour and her five year old child. He wants to have visitation with our son in FL. Is a judge going to require me to allow him to take our 2 year old to FL and back every time he has scheduled visitation?


#6

Likely not, judges will normally place the burden of travel on the parent who moved away, or divide the burden (order parties to meet half-way), though I cannot predict the outcome of any one case.