Do I have a case? Gave money to someone who lied to me in Florida.

[Zigner]

I do not know the answer to that.

If you are truly being as generous as you say (and I have no reason to believe otherwise), then I agree that 50/50 is a big jump. Had you been placing all sorts of limits on his visitation (time and frequency), then it would be more understandable that dad would want the court to order 50/50 instead of relying on your mood at any particular time. I still don't necessarily believe he's asking for shared custody simply to avoid child support, but it's entirely possible.

ETA: To be clear, dad's entire strategy may be "ask for the farm, settle for the horse". It's a common negotiating tactic.

 

[Zigner]

I know it is hard to see the whole picture with only one side of the story. I was wondering if I had good reason to take him to small claims court to attempt to recover some of this financial loss.

Just Blue said it best - you've nothing to lose by trying. In spite of my (or anyone else's) opinion about your chances for success, it really can't hurt to try.

 

[ADR123]

Ideally, visitation and child support are based on what's best for the child. Being "fair" for the parents is secondary.

Clearly. I agree.

 

[HRZ]

I wonder if this falls under some theft by deception umbrella ?

 

[ADR123]

If you are truly being as generous as you say (and I have no reason to believe otherwise), then I agree that 50/50 is a big jump. Had you been placing all sorts of limits on his visitation (time and frequency), then it would be more understandable that dad would want the court to order 50/50 instead of relying on your mood at any particular time. I still don't necessarily believe he's asking for shared custody simply to avoid child support, but it's entirely possible.

ETA: To be clear, dad's entire strategy may be "ask for the farm, settle for the horse". It's a common negotiating tactic.

True. Thank you for taking your time to discuss with me. I do appreciate all your feedback.

 

[ADR123]

I wonder if this falls under some theft by deception umbrella ?

Is this something I should research?

 

[ADR123]

Just Blue said it best - you've nothing to lose by trying. In spite of my (or anyone else's) opinion about your chances for success, it really can't hurt to try.

Thank you all. Really! Just listening to all of your opinions and knowledge has been helpful.

 

[Zigner]

Is this something I should research?

I wouldn't think so. You were living with your boyfriend. You either loaned or gifted him money to do certain things and he used the money to do those things.

 

[LdiJ]

I know it is hard to see the whole picture with only one side of the story. I was wondering if I had good reason to take him to small claims court to attempt to recover some of this financial loss.

I personally think that you should try. He has been unjustly enriched by using your money for both the house and car, under false pretenses. You would never had lent him the money for the house had you known he was married and you never would have allowed your car to be traded in if you had known he was married.

 

[Zigner]

This isn't a matter of unjust enrichment. Other than that, I can agree with that position.

 

[justalayman]

This isn't a matter of unjust enrichment. Other than that, I can agree with that position.

Unjustly enriched isn’t always referring to the basis for a suit. He has been unjustly enriched in the fact he has benefitted from the money for the home and the money from the car and it was even to the detriment of the op


But just the same, I would include unjust enrichment as a basis for the complaint as I do believe it is valid.

But even if it isn’t, I would still include it since it might be valid and if the op doesn’t include it now, she won’t get a second chance if she loses on whatever basis she claims in her action

 

[LdiJ]

Unjustly enriched isn’t always referring to the basis for a suit. He has been unjustly enriched in the fact he has benefitted from the money for the home and the money from the car and it was even to the detriment of the op


But just the same, I would include unjust enrichment as a basis for the complaint as I do believe it is valid.

But even if it isn’t, I would still include it since it might be valid and if the op doesn’t include it now, she won’t get a second chance if she loses on whatever basis she claims in her action

I agree. If she is going to file in small claims, she should include everything possible. The judge should decide what is or isn't valid.