Husband Refusing Rent Payment

Summary

In Florida, you can sue a spouse for not paying rent if both names are on the lease. Filing fees for small claims court are non-refundable. For sole parental responsibility, free or low-cost legal help is available. An ex parte motion can restrict visitation rights but doesnt automatically limit interactions unless specified. Consult a local attorney for specific advice.

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My husband walked out on us and is now refusing to pay any of the apartment rent even though both of our names are on the lease. We didn't sign any agreements about who would pay what amount or anything. But we had been splitting rent this whole time, so I'd pay * and he'd pay *. He stopped paying ever since he walked out and I can't afford rent on my own, leaving me with the future of eviction. I want to sue him for breaking the agreement to split rent, since both our names are on the lease. But we didn't sign any documents about how much I pay or how much he pays. Can I sue him
Hello ****, I'm sorry to hear about your situation. In Florida, you may have a case since both names are on the lease, creating a legal obligation for both parties. However, it would be wise to consult with a local attorney for proper legal advice as every case is different.
I want to file to sue him in small claims court. It costs $* to file. If my lawsuit is rejected, can I get the money back?
In Florida, filing fees for small claims court are typically non-refundable, even if the lawsuit is rejected. This is because the fee covers the cost of court services. However, if you win your case, you may ask the court to have the defendant reimburse you for the filing fee.
I'm wanting to fight for sole parental responsibility but was told that it will cost $* since my husband will fight back. I do not have that kind of money. I'm just trying to protect my children from abuse, as the father has been abusive and CPS won't do anything to help even though they know everything that has happened. I figured fighting in court for custody would be the last option, but I don't have $*,* to pay an attorney and there are no free attorneys available to me
I'm sorry to hear about your situation, ****. In Florida, you may be eligible for free or low-cost legal help:
*. Legal Aid Society offers assistance based on income.
*. Florida's Family Law Self-Help Centers provide legal information and forms.
*. Pro Bono programs may provide free legal services.
However, it's essential to consult with a local attorney for proper legal advice as every case is different.
Please tell me about an ex parte motion
An ex parte motion is a legal action brought by one person in the absence of and without representation or notification of other parties. In Florida, it may be used in urgent situations, like:
- Risk of immediate harm
- To prevent irreparable harm
- In case of emergencies
Consult a local attorney for specific advice.
Do i need a lawyer to file one
In Florida, you can file an ex parte motion without a lawyer. However, because of the legal complexities involved, it is usually recommended to seek legal advice. Some organizations provide free or low-cost legal help which can be beneficial.
Does an ex parte motion to protect my son from my husband, prevent me from voluntarily meeting with my husband so he can have visitation with our son with my supervision? Is it like an injunction, or is it simply that I would have rights over our son and my husband wouldn't
An ex parte motion can potentially restrict your husband's visitation rights. However, it doesn't automatically limit your interactions unless specified. It's not an injunction but a temporary order until a full hearing. Please consult a lawyer for more accurate advice.
So with an ex parte motion, my son and I can still visit his father?
An ex parte motion won't necessarily prevent you and your son from visiting his father. It depends on the specifics of the court order. However, if there are safety concerns, it's crucial to consult with an attorney before making any decisions.