Is not receiving child support a legitimate reason for having problems with rent?

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Is not receiving child support a legitimate reason for having problems with rent?

I am behind 2 months on my rent and am a single parent. I was having some problems with my job giving me the hours that I need to adequately pay my bills and for my daughter. I haven’t been receiving child support and have run into problems when filing for it. Is this enough for me to get a continuance to pay my owed rent without being evicted?

Asked on March 25, 2012 under Real Estate Law, Virginia

Answers:

Darren Delafield

Answered 9 years ago | Contributor

 

If you have been served with a Warrant in Debt or an Unlawful Detainer for unpaid rent, you can appear on the court date and ask the Court that the matter be set for a contested hearing. The Judge may deny your request and you may be required to defend the civil suit then and there. If the Judge grants your motion, you should ask for a Bill of Particulars. The Bill of Particulars will include an itemization of all charges, and you may have a defense to one or more of the charges even though you admit that the rent is overdue. Landlords often sue for additional charges such as property damages and collection costs.

 

Unless your landlord is also the party not paying child support, your financial difficulties are not a defense to the landlords claim for rent. A loss of income is also not a valid basis for a continuance. A trail is continued at the discretion of the Judge so that parties can conduct discovery, hire legal counsel, or because the defendant is in the hospital, etc.

 

 


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