 |
My boyfriend and I are not getting along and I need to get out of the apartment for the emotional wellbeing of myself amd my newborn daughter. I can move in with family until I get back on my feet but have no money to pay to break the lease. If he stays in the apartment can I get taken off the lease? I can't take much more and he refuses to do relationship consueling.
If he stays in the apartment, and you don't pay any of the rent, he would have to make up the difference. He could sue you for the difference, if he chooses to.
What do you mean "money to pay to break the lease"? Has the landlord asked for a certain amount? You do realize that if your BF continues to make the full lease payments, the lease will not be "broken", right?
The landlord has no obligation to release you from the lease. And if you don't hold up your end of the deal, the boyfriend can sue for your share of the rent.
How much time is left on the lease? Will the boyfriend let you out? Is he violent?
The lease states we have to give two monthes rent and sixty days plus a penalty to break the lease. Hes been paying the full lease for months due to my pregnancy.
I just want my name off the lease, he doesn't have the money to hire a lawyer to sue me for the difference, plus I move out, I won't be asking for child support so he should be content.
The lease is up next April, it was a 18 month lease.
Hes not been physically abusive, but emotionally abusive since my daughter was born. He refuses to help me with her, yells at her for crying . Hes mad at me because I'm "useless" & he didn't want a " damn girl".
My daughter is two months old and has severe stomach issues, so she cries a lot and he screams at me when she does even though I'm doing everything I can.
Again, you CANNOT get your name off the lease, unless the landlord agrees. And the landlord is not going to agree since they have no obligation to do so nor is it to their advantage.Quote:
Originally Posted by Lookingalice
He doesn't need a lawyer. Depending on what your share of the rent is this could be a small claims case. Where you pregnant when you moved in with him? Has he ALWAYS paid the rent or did you pay your share at one point. If he has always paid it, you can make a case, if he sues you, that there was no agreement that you would pay a share.
If you decide to take a chance on him suing you, then move out, but make sure you let the landlord know in writing and at least 30 days prior to the expiration of the lease, that you will not be a part of any lease renewal.
It would be better though, to get your boyfirend to give you a release.
As for child support, you may not have a choice. If you apply for public assistance, the state may require he pay support. Also your child deserves the support. Unless you are wealthy enough to provide for your child's every need (which clearly is not the case), then you are depriving your child by not asking for support.
I used to pay half but I had to go off work at 7 months due to complications, and we have lived together for two years.
I figured if I didn't ask for child support he couldn't force me to let him have her for visits because he clearly doesn't have the temper to properly take care of her. Hed likely let her cry the whole time.
Once I get back to work I am capable of supporting myself and child but no paying half rent on a apartment I don't live in as well as a separate rent for myself.
So basically I'm at the mercy of my boyfriend releasing me from the lease?
Quote:
Originally Posted by Lookingalice
I have a feeling you don't grasp how it works.Quote:
Originally Posted by Lookingalice
You don't need your "name off the lease" unless either of these two scenarios is likely:
- he fails to pay and the landlord comes after you (sues you, that is); or
- he does pay and then sues you for your half.
I see. So there is really no way to get out of this without getting screwed by my boyfriend because I'm pretty sure he won't be able to keep paying the rent given the last two months I've cleaned out saving to help pay other bills.
I don't see a choice here - your daughter, an infant, and you are being emotionally and verbally abused by your boyfriend. Go someplace safe. You either will or won't get sued for the balance of the lease. I would not stay due to monetary concerns while he continues to abuse an infant who has no one to protect her but you.
1) So, he can prove you did have an agreement to share the rentQuote:
Originally Posted by Lookingalice
2) You figured wrong. Child support and visitation are treated separately. He can still file for visitation whether you file for support or not. However, you can try to get any visitation restricted to supervised, if you can prove he can't properly care for her.
3) Supporting her and providing all her needs are different things. You will be depriving her if you do not get him to pay his share of support.
4) Yes as long as you are signed on the lease, you are responsible for a share of the rent. However, I agree with Judy. You need to think of your child first. I would suspect that your boyfriend is as naïve about the law as you appear to be. So he may not follow through.
I have been staying at a sisters for the past two days but was trying figure out what to do after I have my stuff moved while he's at work.
Good luck to you. I do sympathize that you are in a difficult position. Had you married him, then you could apply for a divorce. A divorce settlement would then deal with the issue of moving out and other responsibilities. But without that protection you have several legal concerns.
So do I need to worry about him trying to get partialcustody even if I don't file for support?
He is the father. I assume he signed an acknowledgement of paternity or is listed on the birth certificate. That makes him the legal father and as such, absent a court order to the contrary, he already has joint legal custody. In fact, if he were to take HIS child, then YOU would have to go to court to establish primary physical custody.Quote:
Originally Posted by Lookingalice
So yes, without a court order giving you primary physical custody or more, then he has the same rights as any father.
So I need to go to court to get primary custody then.
Yes.
Good to know. Hopefully it won't cost too much but ill get it done. She already starts to cry when he would come in the room, that's why I left for my sister.
It's Family Court (or whatever it's called in your area) and it's user friendly and free.
I see. I feel like such a fool for not knowing anything about this stuff but I've never had to deal with any of it before. We've always had social services and a legal dept to deal with it at work.
Legally,
You can not get out of the lease ( even paying) unless landlord and boyfriend agree, boyfriend is part of that lease also and does not have o agree to take anyone off.
So you are not going to get your name off lease.
You do need to inform the landlord that you are moving out and that you will not renew your name on the lease after April. If you don't inform him of that, you could even be stuck on the renewal.
The boyfriend can sue you for your share of the lease, but if you are being abused, who cases, move out. He will either sue you or not sue you, I would not worry about the money.
You are wrong on the child visitation. Forcing him to pay has nothing to do with his rights to visit. He may go to court and ask for Joint Custody, Visitation any time he wants, His paying or not paying child support has nothing to do with his rights to visit.
So you need to get to court ASAP and get a order of custody for the child giving you custody, and asking for support.
Most states in the US have legal aid society that can help you with the paper work, some family courts have fill in the blank forms I am told. It is not at least in GA totally free, there are filing charges of about 100 dollars. But as noted if he is on the birth certificate or has proven paternity, he has as much right now, as you do, to have the child, So you need to get a custody order in place
Right - fees vary by State and I was addressing NY. My mistake.
| All times are GMT -7. The time now is 06:47 PM. |