If my boyfriend moved out of our apartment but we have a baby together, can I legally have him continue paying his part even though he does not live with us?

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If my boyfriend moved out of our apartment but we have a baby together, can I legally have him continue paying his part even though he does not live with us?

I have a 6 month old baby. I was living with the father (not married) and we both paid the rent and utilities. We had been having problems all through pregnancy and it got worse after the birth of the child. He decided to leave a week ago and has not come back to visit the baby or called. He has not paid his part of the rent (we are both in the lease).

Asked on October 23, 2012 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If he is a tenant on a written lease, then while you need to make sure the full rent is paid to the landlord (to avoid eviction), you can sue your boyfriend for his share of the rent, which he is obligated to under the lease.

2) You can also seek child support from him (not spousal support or alimony, since you are not married) as the father of your baby.

You should consult with an attorney about the claims you have. Good luck.


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