Court Order

UPDATED: Sep 30, 2022

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Court Order

During the pre trial conference, the judge
ordered me not to pay the rent where I live until
the mortgage on the house where my wife lives
is pay first. We share the children. After the
mortgage is paid at the beginning of the month,
can the judge order me not to pay the rent.

Asked on April 22, 2017 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes and no. The judge can order *you* to pay other expenses first (like the mortgage on your wife's home), since the judge has power over you from the divorce case. BUT the judge has no power over your landlord, who is not a party to your divorce case. That means that if you fail to pay rent, including because of a judge's order in your matrimonial action, you may be evicted for nonpayment of rent: your matrimonial action does *not* affect the landlord's right to be paid rent on time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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