Child Support Lien and house sale proceeds

When our house closes escrow, and my Ex's $110,000 Child Support
Arrearages Lien gets paid, is there anything that will protect my half
of the proceeds?

The lien is for his child from another relationship.

He, of course, would like for the lien to be paid first, and then the
balance split in half. That would mean I would be paying for half of
his child support. No way.

I, of course, want the proceeds split in half, and the lien taken out
of his half.

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

On Jul 11, 4:12 pm, wrote:
When our house closes escrow, and my Ex's $110,000 Child Support
Arrearages Lien gets paid, is there anything that will protect my half
of the proceeds?

The lien is for his child from another relationship.

He, of course, would like for the lien to be paid first, and then the
balance split in half. That would mean I would be paying for half of
his child support. No way.

I, of course, want the proceeds split in half, and the lien taken out
of his half.

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

By the way - this is in California (community property state)

wrote in

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

By the way - this is in California (community property state)


Whose house is it, if both your names are on the title and proceeds are
divided two ways, then I can't see how the lien would be paid in the name of
one owner.

His half should be paid to CS, you are free to do with your half as you
please!
Seems fair enough to me!

wrote in message
ups.com...
When our house closes escrow, and my Ex's $110,000 Child Support
Arrearages Lien gets paid, is there anything that will protect my half
of the proceeds?

The lien is for his child from another relationship.

He, of course, would like for the lien to be paid first, and then the
balance split in half. That would mean I would be paying for half of
his child support. No way.

I, of course, want the proceeds split in half, and the lien taken out
of his half.

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

Hire an attorney that specializes in real property liens and knows the law.
There are multiple issues in your case that you will need professional help
with. A few a

1. Is the property jointly held or separate property?

2. When was the lien filed in relation to ownership changes or you entering
the picture?

3. Are there any legal exemptions you can file?

4. What costs of sale and other expenses does the state exclude before
dividing the proceeds?

5. What are the priorities in your state law for all mortgage lien holders?

6. Do some mortgage lien holders have superior rights over other mortgage
lien holders?

"DB" wrote

wrote in

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

By the way - this is in California (community property state)


Whose house is it, if both your names are on the title and proceeds are
divided two ways, then I can't see how the lien would be paid in the name
of one owner.

His half should be paid to CS, you are free to do with your half as you
please!
Seems fair enough to me!
==
Well, unfortunately you aren't the decider ;-). They kinda have to go by the
laws of
California.

"Gini" wrote in message
news:jifli.10921$ZO4.2609@trndny05...

"DB" wrote

wrote in

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

By the way - this is in California (community property state)


Whose house is it, if both your names are on the title and proceeds are
divided two ways, then I can't see how the lien would be paid in the name
of one owner.

His half should be paid to CS, you are free to do with your half as you
please!
Seems fair enough to me!
==
Well, unfortunately you aren't the decider ;-). They kinda have to go by
the laws of
California.

In my state the CS Administrator has some discretion in how property liens
are enforced fort arrearage support. That's why I think a qualified
attorney is so important. They have to know about tax law, property liens,
CS law, spousal support law, community property rights, etc. The OP sounds
like she is a subsequent ex-spouse and the legitimacy of her claim for
assets and rights to those assets will need a lot of legal clarification.

wrote in message
ups.com...
When our house closes escrow, and my Ex's $110,000 Child Support
Arrearages Lien gets paid, is there anything that will protect my half
of the proceeds?

The lien is for his child from another relationship.

He, of course, would like for the lien to be paid first, and then the
balance split in half. That would mean I would be paying for half of
his child support. No way.

I, of course, want the proceeds split in half, and the lien taken out
of his half.

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

Why don't you just be responsible and pay what they tell you to pay? Isn't
this the same rhetoric that's asked of men being charged with "child
support"? You should GLADLY pay what they demand; especially since it is a
relatively small amount compared to "child support" bills.

"Chris" wrote

wrote in message
............................

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

Why don't you just be responsible and pay what they tell you to pay? Isn't
this the same rhetoric that's asked of men being charged with "child
support"? You should GLADLY pay what they demand; especially since it is a
relatively small amount compared to "child support" bills.
==
It's not her kid.

"Gini" wrote in message
news:UWjli.9853$qu4.1348@trndny06...

"Chris" wrote

wrote in message
...........................

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

Why don't you just be responsible and pay what they tell you to pay?
Isn't
this the same rhetoric that's asked of men being charged with "child
support"? You should GLADLY pay what they demand; especially since it is
a
relatively small amount compared to "child support" bills.
==
It's not her kid.


Ah, but it's a *woman* perhaps being forced to pay. That helps balance the
scales of justice--right, Chris?

On Jul 12, 2:15 am, "teachrmama" wrote:
"Gini" wrote in message

news:UWjli.9853$qu4.1348@trndny06...







"Chris" wrote

wrote in message
...........................

The problem is that his half isn't going to cover it, so they'lll dip
into mine.

If this is the case, how do I recover the part of my proceeds that had
to cover his child support?

Why don't you just be responsible and pay what they tell you to pay?
Isn't
this the same rhetoric that's asked of men being charged with "child
support"? You should GLADLY pay what they demand; especially since it is
a
relatively small amount compared to "child support" bills.
==
It's not her kid.

Ah, but it's a *woman* perhaps being forced to pay. That helps balance the
scales of justice--right, Chris?



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I was in a similar situation. I kept the house in my divorce. I re-
financed and paid the Ex 50%. 2 years later I was unemployed. Dept.
of Revenue, (MA) put a lein on my bank acct. to pay for child
support. As, it had been garnished from previous wages.

I then sold my home. My Ex and her wife immediatelly hired a lawyer
the day before my closing. The Atty. put a hold on my proceeds.
Went to court, Judge told me and my Atty. that lein would hold until I
started working again.

Well, I have been working for over a year. $300/wk. is garnished out
of my wages and the courts have still not released my funds. So, I am
basically poor, living with family, until it is released.

My court date is next week. All should go well. This state sucks for
court proceedings. No such thing as a speedy trial, weather criminal
or probate.

I would put together a list of all debts to present to the court. I
did this at the beg. and the court reduced that amount from the total
lein.

This at least, let me pay all my unsecured debt.

Good Luck

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