Legal Question in Family Law in New York
Living quarters
He is trying to force me to leave our martial premises because i cannot afford the mortgage alone i have a 14 year old daughter in middle school can he make me go and what are the conquences if i do
2 Answers from Attorneys
Re: Living quarters
I am not sure who he is, however I will assume he is legally married to you in NY.
That being the case, you may be able to convince a judge that it is in the best interest of your daughter that she remain in her home until she reaches say 18. You would be best served by seeking an attorney. Even if you can't afford a lawyer, if your ex is person of substance the Court might order him to pay your lawyer. Do not leave the marital home until you have spoken to a lawyer. You may be sacraficing more than you need to.
Re: Living quarters
Is there a divorce proceeding? Assuming there isn't, he cannot legally get you out of the house without court intervention. If there is a divorce, then you may request that the court permit you to stay in the home until your youngest child reaches the age of 18. The court will assess several factors when making this determination, including the parties ability to pay separately or together.
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