Is not receiving child support a legitimate reason for having problems with rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is not receiving child support a legitimate reason for having problems with rent?
I am behind 2 months on my rent and am a single parent. I was having some problems with my job giving me the hours that I need to adequately pay my bills and for my daughter. I haven’t been receiving child support and have run into problems when filing for it. Is this enough for me to get a continuance to pay my owed rent without being evicted?
Asked on March 25, 2012 under Real Estate Law, Virginia
Answers:
Darren Delafield
Answered 12 years ago | Contributor
If you have been served with a Warrant in Debt or an Unlawful Detainer for unpaid rent, you can appear on the court date and ask the Court that the matter be set for a contested hearing. The Judge may deny your request and you may be required to defend the civil suit then and there. If the Judge grants your motion, you should ask for a Bill of Particulars. The Bill of Particulars will include an itemization of all charges, and you may have a defense to one or more of the charges even though you admit that the rent is overdue. Landlords often sue for additional charges such as property damages and collection costs.
Unless your landlord is also the party not paying child support, your financial difficulties are not a defense to the landlords claim for rent. A loss of income is also not a valid basis for a continuance. A trail is continued at the discretion of the Judge so that parties can conduct discovery, hire legal counsel, or because the defendant is in the hospital, etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.