Legal Question in Civil Litigation in New York
non payment of rent obligation per divorce stipulation
exwife & i divorced 4yrs we have 12 year old son ny supreme
court joint custody she is custodial, she lives in my previous 2bedroom apt lease is in my name divorce stipulation clearly specifies she waives all the rights to apt security etc , i have full rights. stipulation indicates she maintains the rent and any utilities fees late fees, as long as i'm current in my support payments she is responsible , i have been very current and never late ,delinquent, out of 48months period she pays $15.00 late fee at least 20 late fees mgt fed up has attorney send notice to pay in 3days fee charged for this on top of rent $115.00 lease is in my name they will go after me, i do not want to lose apt, can i take her to civil court on this or supreme court since stipulation specified this, will the civil court refer this over to supreme.. any advise on how to proceed , i have proof of ledger payments by her from mgt my stipulation , my support payments need be any help is appreciated ,, she is being non compliant and default on stipulation
1 Answer from Attorneys
Re: non payment of rent obligation per divorce stipulation
This is an unusual twist to a typical situation.
You must bring this up to the court which issued the divorce/custody decree first.
The management company is suing 'the wrong person'. The procedural issues will be complex if it reaches a civil court (likely housing court). You must "implead" her as a third party defendant. The court may be able to issue the judgment against her but not you. This would be unusual.
As a lawyer, I find the case interesting. As a defendant, I would be climbing the walls! But REMEMBER: get her on the caption as a defendant in the case with you. In addition, the divorce decree court may be of assistance to you. Make a petition as an 'Oreder to Show Cause'.
You are welcome to a consultation for no fee.
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