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Child support Arrearages?
TimeofFait
Can I put a lien on my exhusband's assets and property because he owes me over $22,000 in child support arrearages? My divorce decree states that he was supposed to pay weekly child support payments, paid directly to the courts. However, he has not paid for many years.
Answer
Yes you can.
Additonal Info:
A child support lien, once filed, is just like a mortgage on a house. If the house owner falls behind in his payments, the mortgage company can foreclose on the house. By filing a child support lien, you are in effect becoming a mortgage company except that you can foreclose on almost anything the obligor owns except his homestead.
If you are owed child support, you can file a child support lien. In fact, if your support is overdue, you already have a child support lien. All you have to do is "perfect" it. To perfect a child support lien, you must file a Notice of Child Support Lien. The Notice must contain certain information and be sworn to under oath.
Once you have prepared your Notice, you can file it wherever you think you have the best chance of executing it, or foreclosing on it. This could be where the obligor lives, where the obligor owns property, or where the court that issued the child support order sits. You can also file the Notice in a pending lawsuit where you think the obligor might get some money or with any other person or organization that you think may have something that belongs to the obligor. You can file more than one place, and filing a child support lien does not keep you from trying to collect the child support in other ways at the same time.
Once the lien is filed, it "attaches," or becomes a charge against, all nonexempt property owned by the obligor. "Property" means both land and things, like cars, boats, bank accounts, computers, and so forth. "Exempt property" is property that no one can force the obligor to sell to pay his debts. "Nonexempt property," on the other hand, means any property that can be sold to satisfy debts. As a practical matter, you can execute your child support lien on all the property the obligor has except his homestead.
If you have a child support lien against an obligor, he cannot sell his property without paying off the lien unless his purchaser is a real dummy. This is because at any time, you can foreclose on the lien, even if someone else has bought the property in the meantime.
Yes you can.
Additonal Info:
A child support lien, once filed, is just like a mortgage on a house. If the house owner falls behind in his payments, the mortgage company can foreclose on the house. By filing a child support lien, you are in effect becoming a mortgage company except that you can foreclose on almost anything the obligor owns except his homestead.
If you are owed child support, you can file a child support lien. In fact, if your support is overdue, you already have a child support lien. All you have to do is "perfect" it. To perfect a child support lien, you must file a Notice of Child Support Lien. The Notice must contain certain information and be sworn to under oath.
Once you have prepared your Notice, you can file it wherever you think you have the best chance of executing it, or foreclosing on it. This could be where the obligor lives, where the obligor owns property, or where the court that issued the child support order sits. You can also file the Notice in a pending lawsuit where you think the obligor might get some money or with any other person or organization that you think may have something that belongs to the obligor. You can file more than one place, and filing a child support lien does not keep you from trying to collect the child support in other ways at the same time.
Once the lien is filed, it "attaches," or becomes a charge against, all nonexempt property owned by the obligor. "Property" means both land and things, like cars, boats, bank accounts, computers, and so forth. "Exempt property" is property that no one can force the obligor to sell to pay his debts. "Nonexempt property," on the other hand, means any property that can be sold to satisfy debts. As a practical matter, you can execute your child support lien on all the property the obligor has except his homestead.
If you have a child support lien against an obligor, he cannot sell his property without paying off the lien unless his purchaser is a real dummy. This is because at any time, you can foreclose on the lien, even if someone else has bought the property in the meantime.
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