Ask Me Help Desk - New York state eviction

New York state eviction

I am being evicted from my home by my ex husband. I am not receiving child support and my ex is in arrears. I am currently awaiting a court date in family court for my child support. And although I have tried to make the judge understand this, through an order to show cause, asking that the eviction not take place until child support is established. The judge denied my motion.. and the sheriff could show up at any time.

I have two teens... My son is 19 and my daughter is 15. My son, being an adult was not named on the petition, and I am being told has the legal right to stay in the house until he is evicted as well.. Is this true? What do we need to do?

You say being evicted by your "ex-Husband". Has a divorce been finalized? Did he get the house in the divorce settlement?

The child support issue has no bearing on the eviction IF he is the legal owner of the house according to the divorce settlement.

And yes, your adult son is separate resident of the house and can be treated separately. We really need more background, like how long ago you were divorced. Who owns the house? Why are you still in the house if he got it in the divorce, etc.

Contact the court clerk and ask if it's possible to file a motion for a "hardship stay of eviction". If they allow you to do so then the court will temporarily stop the eviction and give you a date to appear and explain to the judge the nature of your hardship.

I have been divorced 8 years... back during that time I was bought out of the house and left with my two young children. Went back to work full time and lived in an apt. After 2 years my ex was struggling to keep up child support, I moved back into the house, paying him 700 per month rent.. all utilities.. all expenses.. etc.. Repairs and maintenance... raising the children.. etc.. Ex husband lives outside of the home. He was to pay his mortgage..

While this was not the perfect deal financially for me.. I had a full time, well paying job.. and my children were getting to grow up in their home..

The last time I received child support was July 2004. ( I have a court order for child support) We did NOT legalize the decision of moving me back into the house.. It was an agreement between us.

8 years have gone by somewhat peacefully and now, my ex husband has started and successfully has been awarded this eviction.. . ( something I never thought he would actually do).. When I received my 72 hour notice I did an order to show cause and was given a court date. In my order, I pled with the court to allow time for child support to be decided ( I currently have a petition filed in family court and am awaiting a court date) or I will be homeless with my family and will lose 18 years worth of belongings.. My daughter has just started high school and my son graduated last year. Last year I was laid off from a company I worked at for over 18 successful years.. I am in NO position to leave this home without the help of child support.

The judge denied my order.. I told the absolute truth and his exact words were " I don't believe you"

I am trying to buy myself enough time to be able to finish in Family Court and start receiving child support..

I am told, that my son should have been named in the petition and that when I receive my 72 hour notice that he needs to file an order to show cause that he was not named in the petition, and my ex will have to begin the entire process over. Is this true?

I am very distraught..

Child support and rent payments are two separate issues, different courts, different judges, If and when you ever receive child support is not a issue for the housing judge. So no maybe getting money sometime in the future is not going to mean anything.

If the court already ordered the eviction then get out. And get out now. If not, you will come home to find everything you own sit out in the yard.

There is no money owed.. This is a holdover proceeding.

As noted the eviction and child support are separate items. Different issues, different courts so one has nothing to do with the other.

What I'm wondering is this 72 hour notice. Where you behind in the rent? Did you have a lease? The fact that your ex is your landlord really is immaterial. This is a simple landlord/tenant relationship.

But that makes a difference about your adult son. He would be included in any eviction.

What did the judge think you lied about?

No.. there is no money owed, my ex wants to sell the house..

Quote:

Originally Posted by ScottGem

...
What I'm wondering is this 72 hour notice. Where you behind in the rent? Did you have a lease? The fact that your ex is your landlord really is immaterial. This is a simple landlord/tenant relationship
....

What did the judge think you lied about?

As explained in Post #4, there was no lease. It would seem to be a month-to-month tenancy at will. Apparently the judge didn't believe the part about an a CS-for-rent agreement and therefore chose to believe that OP was behind in the rent.

Quote:

Originally Posted by AK lawyer

As explained in Post #4, there was no lease. It would seem to be a month-to-month tenancy at will. Apparently the judge didn't believe the part about an a CS-for-rent agreement and therefore chose to believe that OP was behind in the rent.

I don't see where it specifically says no lease. She does say it wasn't legalized, but that could mean in reference to the divorce. But even assuming it was a month to month, which it probably was, I'm still bothered by this 72 hour notice. Which wasn't explained. Even assuming a month to month, she is still entitled to a 30 day notice unless she is behind in the rent or there is another breach of the lease.

And, (as I've mentioned before) why speculate? In this case your guess on what the lie was is just a guess. Lets let the OP explain.

So bnelson, when we ask questions, please answer them. It's the only way we can help you fully.

So what was the grounds for a 72 hour notice and what did the judge think you lied about.