Legal Eaze #14 Evicting/ Child Support

Originally Printed: January 26, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her home office in Alpine Forest, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.

Q. I have a tenant in one of my rental homes who has a two-year lease with option to purchase the home. He has made substantial improvements to the home, increasing its value. However, he is a drug user and the house has become a haven for his drug-addicted friends. I want to evict him but I want to do it legally and fairly. What do I do?
A. The following clauses should be in your lease agreement: 1. Forbidding illegal activities during the tenancy. 2. Your approval was needed before your tenant could make any improvements to the property. Do you have proof that drugs are being used on the property? If so, you can evict him on that ground. Give him a 30-Day Notice to Vacate. If the does not vacate at the end of the 30 Days, file an Unlawful Detainer action. If you approved of the improvements made to the property, you may have to pay him for the services he rendered, which will complicate the action.
Q. My husband is not paying the child support he was ordered to pay. He quit his job so he would not have to pay for child support just to spite me. I am working two jobs but can’t make ends meet, and my two kids are suffering needlessly. What should I do?
A. Did you husband go back to court and make a Motion to modify the amount he has to pay in child support? If he did not, he is still obligated to pay the child support he was ordered to pay and you can ask Child Support Services to collect the arrearages and the child support you are entitled to. It is unfortunate that many people refuse to work in order to avoid paying their child support obligations, however, if they are able to work yet have voluntarily quit their jobs just to frustrate their children’s needs, they can go to jail, lose their driver’s license, lose their occupational license, etc. There is a great effort by the governmental authorities to see that parents take their responsibility to support their children seriously and the consequences of not doing so are severe. Child Support Services are a little slow, but they do a commendable job of bringing wayward parents back in line. Contact them immediately, especially if you cannot afford to hire a private attorney.