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jdeleon76 · Sep 12, 2010, 01:34 AM

My wife and I are currently going through a divorce. She currently lives in the apartment with our 3 kids, and I'm currently paying child support. She is not paying for the rent for the apartment and we both have signed the lease for the apartment. If rent is not paid for the apartment she will be evicted along with our kids. She has told me that she can't pay the rent and if they get evicted she will move back to her parents home with the kids. That would mean she would have to quit her job and take the kids out of school and relocate 2 hours away from me. Can she do that?

jdeleon76 · Sep 12, 2010, 01:40 AM

My wife had me court ordered to move out of our apartment. We are both on the lease. I am currently paying child support, and now she is stating that she can't afford the rent and may be facing an eviction. Our kids live with her in the apartment. Am I still liable to pay the rent for an apartment I have no possession of or have been court ordered to stay away from the residence?

cdad · Sep 12, 2010, 04:37 AM

Has there been a divorce decree yet or is this all just starting. Since your on the lease your still under contractual obligation until the lease expires. Did you notify the landlord of what's going on?

cdad · Sep 12, 2010, 04:43 AM

What state is this in? Some states have automatic move away orders until the courts can decide. 2 hours away would interfere with your visitation.

JudyKayTee · Sep 12, 2010, 06:20 AM

A lease is a contract - yes, you are still obligated. Attempt to negotiate with the landlord. Once she moves out, then you can move in.

JudyKayTee · Sep 12, 2010, 06:21 AM

I have requested that both of your posts be combined - the question is (basically) the same. Please post all info in one place.

Does your wife have a retraining order against you? Is the support Court Ordered and what specifically does the Order say? Does it address child support ONLY? Visitation?

ScottGem · Sep 12, 2010, 07:31 AM

Yes you are obligated to pay the lease. But there is really a lot more going on here. You need to come back and provide the information asked. The first of which is whether a divorce action has been filed.

jdeleon76 · Sep 12, 2010, 03:41 PM

State of California Here is the Details: My wife filed for divorce and served me on August 4th. She then served me with a DV Temporary Restraining Order on Aug. 6. I went to court on Aug. 26th. The Temporary Restraining Order had expired and managed to get her to drop the restraining order and was able to come to some type of arrangement (stipulation). She requested that I stay away from the residence (apartment) with the exception of the days that I would have to pick-up the kids as part of my visitation. I had already paid for the rent for August, and had given her the agreed child support payments, September rent is now past due and have discussed the issue with the Leasing Office. They told me that rent has to be paid by Sept 20th or it will go into legal action and face eviction. I've given her $455 on Aug 27th for a back pay for aug 15, then given her another $455 on Sept. 1st and have currently started a direct deposit to her account which she received $227 on Sept 9th and will continue to receive $227 on a weekly basis. My child support had been calculated to be $909.00 per month, which half is due on the 1st and 15th of each month. She states that she can't afford to pay the rent for the apartment and stated that if they face the eviction she will move with the kids to san diego to her parents home. The apartment is located in Orange County and I currently live with my sisters home which is about 10 minutes away. My wife currently does work, making $15.00 per hour. With the child support payments that I've given to her, I am unable to afford the full amount of the rent. I understand that my wife and I are still liable for the apartment because we both signed the lease... but feel she needs to do her part to pay the rent considering that I've given her the child support payments. So if she faces the eviction and moves to san diego with the kids, would mean she will have to quit her job and take the kids out of school and move out of the community making my visitation (Sunday @ 9AM to Tuesday @ 9 AM) very dificult.

JudyKayTee · Sep 12, 2010, 03:44 PM

I'm not sure what the story is but you posted earlier today that you are Court ordered to stay away from the apartment. Which is it? You are or you are not?

If she can't afford to pay the rent and her choices are living in a shelter with your children or moving, I believe the Court is going to allow her to move.

jdeleon76 · Sep 12, 2010, 03:52 PM

The stipulation addresses vistation from Sunday @ 9AM to Tuesday @9Am, Child Support calculated at $909 per month half due on the 1st and 15th of each month.

jdeleon76 · Sep 12, 2010, 03:53 PM

The stipulation states that I cannont be in the residence (apartment) with the exception on the days I pick up and drop off the kids.

jdeleon76 · Sep 12, 2010, 03:54 PM

She did file for divorce and served me on Aug 4th. So our divorce is currently filed and in process

ScottGem · Sep 12, 2010, 03:58 PM

Is the visitation court ordered? Can you help her find another apartment nearby but more affordable?

This is a hard one to call. As Judy indicated, the court is likely to allow her to move 2 hours away and have you modify the visitation.

jdeleon76 · Sep 12, 2010, 04:14 PM

The stipulations that were turned in to the court states vistiation and child support amounts. It also states that Im to stay away from the apartment.

cdad · Sep 12, 2010, 04:30 PM

Here is what your looking at. How much is the rent on the apartment? If she leaves it behind can you get a roommate until the lease has expired? The problem is that when she served the divorce papers there were orders already existing in them that were restraining orders for the both of you. Those are for financial purposes. Why is it she can't afford the rent yet kicked you out? She will have to answer for that. For now if she moves then your going to have to go back to court and get some changes made. Unless it is way out of line 600 per week gross she should be able to keep the apartment with the extra child support.

ScottGem · Sep 12, 2010, 04:32 PM

Please do not use the Comments feature or start new threads with follow-up info. Use the Answer This Question oiptions.

jdeleon76 · Sep 12, 2010, 05:00 PM

I have spoken to the Apartment Leasing Manager / Office. They stated the following: Rent $1525, $30 additional parking fee, $75.00 late fee and $199.25 for water/trash/gas total comes out to $1749.25. They advised me that both my wife and I are on the lease and we are both legally responsible. I have discussed with them our situation. They told me that we have until Sept 20th to pay the amount due before they take legal actions. I have tried to make arrangements with my wife in regards to making the payment. I had asked her how much can she afford towards the balance due... she stated $800, and told her to get a cashiers check for that amount and make it out to the Apartment Complex and that I would cover the difference. The following day she stated she didn't have the $800 and that she can only give $500.00. She stated that by giving that amount towards the rent she will be broke and unable to make payments towards her vehicle, and will not have money to buy groceries and pocket money. I am unable to pay for the full amount of the rent because I'm giving her $909 a month in child support... and since I've already given her $455 on Aug 27th and $455 on Sept 1st and she also received $227.50 on Sept 6 and will continue to receive $227.50 per week. The fact that I'm holding up my end of the Child Support, shouldn't she be allocating those funds towards the rent as well as providing her income to supplement on top of the child support payments towards the best well being of our children?

cdad · Sep 12, 2010, 05:10 PM

Originally Posted by jdeleon76

I have spoken to the Apartment Leasing Manager / Office. They stated the following: Rent $1525, $30 additional parking fee, $75.00 late fee and $199.25 for water/trash/gas total comes out to $1749.25. They advised me that both my wife and I are on the lease and we are both legally responsible. I have discussed with them our situation. They told me that we have until Sept 20th to pay the amount due before they take legal actions. I have tried to make arrangments with my wife in regards to making the payment. I had asked her how much can she afford towards the balance due...she stated $800, and told her to get a cashiers check for that amount and make it out to the Apartment Complex and that i would cover the difference. The following day she stated she didn't have the $800 and that she can only give $500.00. She stated that by giving that amount towards the rent she will be broke and unable to make payments towards her vehicle, and will not have money to buy groceries and pocket money. I am unable to pay for the full amount of the rent due to the fact that I'm giving her $909 a month in child support...and since I've already given her $455 on Aug 27th and $455 on Sept 1st and she also received $227.50 on Sept 6 and will continue to receive $227.50 per week. The fact that I'm holding up my end of the Child Support, shouldn't she be allocating those funds towards the rent as well as providing her income to supplement on top of the child support payments towards the best well being of our children?

Yes she should be doing that. But that is a matter for common sense and the courtrooms. Is your name on the car too or is this a recent acquisition ?

ScottGem · Sep 12, 2010, 05:23 PM

You didn't answer my question about whether they will let you out of the lease and you can find a less expensive place.

jdeleon76 · Sep 12, 2010, 05:52 PM

The leasing office stated that they will allow us out of the lease so as long as we find someone to take over the lease. But otherwise we still would be responsible for the current months rent. The other option that was offered was that they will allow us to terminate our lease early but the finanical cost would be great. We would have to pay the current months rent, plus allow for a 30 day noitce (additional months rent) plus a break fee equal to one months rent... so Rent for Septmenber $1550, Plus the 30 day notice of $1550 (October rent) and Break Fee of $1550 total equals $4650. Our lease ends in March. It would be more cost efficient to continue the lease until March.

Either way, my wife states that she still can't afford the rent with her $15.00 per hour job plus the $909.00 monthly child support that I'm providing. She stated that if she gets evicted she will move to San Diego with her parents along with the kids (7, 6 & 2 years of age)