Child support and property collection

[jbay1226]

What is the name of your state? West Virginia

My ex remarried several years ago. He is way behind in child support payments and I wanted to know if he is seriously delinquint, can a lien be placed on his house even though his wife's the primary on their new home loan and I'm not sure if she even put his name on the deed? (construction worker who keeps saying there's no work though his friends are all working)

 

[hittingrabbit]

State laws do vary.
The answer is yes,certain spouses assets may be seized to satisfy a delinquent child support arrearage(s),this may also allow child support payments to be demanded to be paid by the spouse income,and assests,unless the home was purchased before marriage.
The court assumes that each partener contributes to half of all their debts,when a child support obliger becomes unemployed,and does not petition for a modification for the child support payment,their spouse may be ordered to pay the debt,the court assumes that the working spouse pays the full amount of all their debts,thus may be capable of paying child support payments,(often this is a great deterrent that may be used)some child support obligers quite their job to keep from paying,and thus pretends not to have the means necessary,to curtail the court order,nevertheless a discision to make a spouse pay their mates child support is totally in the discretion of the court judge,by evaluating the particular situation,and circumstances.

 

[nextwife]

State laws do vary.
The answer is yes,certain spouses assets may be seized to satisfy a delinquent child support arrearage(s),this may also allow child support payments to be demanded to be paid by the spouse income,and assests,unless the home was purchased before marriage.
The court assumes that each partener contributes to half of all their debts,when a child support obliger becomes unemployed,and does not petition for a modification for the child support payment,their spouse may be ordered to pay the debt,the court assumes that the working spouse pays the full amount of all their debts,thus may be capable of paying child support payments,(often this is a great deterrent that may be used)some child support obligers quite their job to keep from paying,and thus pretends not to have the means necessary,to curtail the court order,nevertheless a discision to make a spouse pay their mates child support is totally in the discretion of the court judge,by evaluating the particular situation,and circumstances.

The answer is maybe. If the house is a premarital asset of the wife, and he is not in title, his potential marital interest would depend upon whether marital funds are used to make the payments. Spouses can enter a marriage with their own assets, and use those assets and NOT marital funds to make payments.

If she has non-marital funds that make the payments, and marital funds are not comingled into seperate property, the RE may be solely hers. In states such as mine, a prenuptial can establish whether a premarital asset remains designated as seperate property and under what circumstances..

Under most circumstances in which the NCP is unemployed, such as job loss, illness, disability, the court will NOT make the spouse of the NCP support BOTH their own kids and household, and the CP as well. Only under very specific circumstances in which a spouse conspires to assist the CP in deliberately not paying might the court actually access the funds or income of a spouse of a NCP. If a NCP becomes disabled or suffers a temorary job loss, their spouse is no more capable of supporting two households, than the CP is of just supporting their own. While MARITAL debts belong to the marriage partners, a CS onligation is not that of a spouse, who is actually a "legal stranger" to the child with no rights nor obligations.

 

[jbay1226]

Thanks to both responders for the insight. As, to the NC parent being disabled,etc....N/A. He is healthy and able, unfortunately not willing. Always "Waiting on a call from the hall" (union electrician). His new wife (3 yrs) owed nothing on her home when he married her. He convinced her to sell it for 99k two mths. ago, and bought another one for $160k. I wouldn't expect her to pay for "our" child but in the state of WV, the house is half his and hers. If he is laid off, why would he buy a more expensive home? He could work out of town as other union men at his local do when no work is close to home. I am hoping to motivate him to meet his obligation to his child by having his license suspended, tax lien on home,...whatever the state will enforce. He owes his child before anyone else. Including new wife and she agrees.

 

[jbay1226]

I'm sure he gets unemployment. Was the child support modified automatically when taken out of his check? Also, are you going through the state or getting checks sent to you personally? My ex threatened to not pay anything if I went through the Child Advocate office. Pretty much threatened to run. That was a couple of years ago but now that he's married and lives in the area, he may not be so apt to take off. What irony, he'll leave town to evade supporting his child but won't leave for work....go figure. Oh yeah, but he loves her. Hmmmm.

 

[Britlandco]

Lien

COLORADO - Ex in Florida (house flipping)

Can somebody give me the short version of how to place a lien on someone's house? I thought I was told that only Child Support Enforcement could do that, but now I am wondering why I didn't question that.

 

[nextwife]

Start by obtaining a copy of the deed to the house to which your ex is owner or co-owner from the appropriate county courthouse.

 

[45Frank]

I would put a lein on the anyway this money belongs to your children and maybe 10 years from now as the arearages grow after you may be gone your children will get what is legally theirs. If you do nothing they will recieve nothing.

Successfully placing a lien on the home would do nothing in the short term to remedy the non-payment issue. You would only get money from the home if they sold it. It could be an incentive to pay if they were planning on selling their home in the near future, but most people are smart enough to 'not sell' if a lien is placed on their property. Doesn't your ex get unemployment? My husband is a union electrician, and receives decent unemployment for the months that he doesn't work. When he used to pay CS, the CS payment was taken right out of his unemployment checks.

 

[Britlandco]

Warranty Deed

Start by obtaining a copy of the deed to the house to which your ex is owner or co-owner from the appropriate county courthouse.

I have found a copy of the "Warranty Deed" is this the same thing? If so I will order an offical one!!!

 

[jbay1226]

I am new to this site and so glad to have stumbled upon it! Thanks for the advice. I plan on discussing going through the state as suggested. I'm sure he will follow up with threatening modification. Oh well, something is better than nothing. Thanks again.