If my boyfriend moved out of our apartment but we have a baby together, can I legally have him continue paying his part even though he does not live with us?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my boyfriend moved out of our apartment but we have a baby together, can I legally have him continue paying his part even though he does not live with us?

I have a 6 month old baby. I was living with the father (not married) and we both paid the rent and utilities. We had been having problems all through pregnancy and it got worse after the birth of the child. He decided to leave a week ago and has not come back to visit the baby or called. He has not paid his part of the rent (we are both in the lease).

Asked on October 23, 2012 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) If he is a tenant on a written lease, then while you need to make sure the full rent is paid to the landlord (to avoid eviction), you can sue your boyfriend for his share of the rent, which he is obligated to under the lease.

2) You can also seek child support from him (not spousal support or alimony, since you are not married) as the father of your baby.

You should consult with an attorney about the claims you have. Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption