Legal Question in Family Law in California

I am divorced from my son's father He never gave child support and I agreed to that. my son 19 was killed in a car accident . I supported my son solely even though joint custody. If I sue for his death do I have to give half of what I receive to his father. We are not on speaking terms. He was in the back seat and the driver had been drinking. The driver was 18. Divorced over 10 years. He divorced me with no provision of support and I agreed and worked to support my son only. This happened Aug 2011.


Asked on 9/29/11, 5:39 pm

5 Answers from Attorneys
Michael Schneider Family Law Center

No, the father would have to file his own lawsuit if he really wanted anything.

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Answered on 9/29/11, 9:57 pm
Anthony Roach Law Office of Anthony A. Roach

The fact that you did not receive child support while raising your son does not prohibit you from having standing to file a wrongful death action. Your ex husband would have to join as a plaintiff or otherwise lose out. I suggest you speak to a competent personal injury attorney as soon as possible.

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Answered on 9/30/11, 11:54 am
Arlene Kock Law Offices of Arlene D. Kock APLC

I extend to you my deepest sympathies for your loss.

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Answered on 10/03/11, 1:49 pm


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