How difficult is it to collect palimony? We were together 13 years and have an 11 year old daughter. He abandoned us then had her removed by...

Question

How difficult is it to collect palimony? We were together 13 years and have an 11 year old daughter. He abandoned us then had her removed by CPS. We filed taxes together for several years. He knew I had no income, swore he'd never leave.

Answer

There is no such thing as palimony in California. You must either be married or have a domestic partnership to justify that claim.

Answer

Palimony is not a family concept. It is a contractual concept. This concept was developed by the court in the case of Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815; 557 P.2d 106] In most cases there will not be a written contract between the parties. The court will then look at the conduct of the parties to determine the relationship between the parties. The relationship cannot be based on sex, nor can there be payment based on sexual services. In your case you been living as husband and wife for 15 years. this should provide evidence of your agreement.