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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 3 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.
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