• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

lien on real estate

  • Thread starter Thread starter spousesteparent
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

spousesteparent

Guest
What is the name of your state? california but reside in florida
Background information:
-Child resides in Orange County California
-child on probation
-child removed from care of father due to homelessness
-child made ward of the court
-child placed in residential care
-mother resides in Florida
-mother does not desire to assume custody of child due to issues with father and child (inability to control child's behavior)
-mother has $800.00 per month income
-mother is remarried and owns home jointly with stepparent spouse on deed
Question:
Is the jointly owned home in Florida subject to a lien by the State of California if child support judgment is made?
Will ownership of asset affect amount of child support requested or is amount based on income/debt alone?
 


LdiJ

Senior Member
spousesteparent said:
What is the name of your state? california but reside in florida
Background information:
-Child resides in Orange County California
-child on probation
-child removed from care of father due to homelessness
-child made ward of the court
-child placed in residential care
-mother resides in Florida
-mother does not desire to assume custody of child due to issues with father and child (inability to control child's behavior)
-mother has $800.00 per month income
-mother is remarried and owns home jointly with stepparent spouse on deed
Question:
Is the jointly owned home in Florida subject to a lien by the State of California if child support judgment is made?
Will ownership of asset affect amount of child support requested or is amount based on income/debt alone?

Child support is based on income of the mother, not her assets or any joint assets. The house could be subject to a lien if the mother defaults on paying any court ordered child support...but that only happens in the most drastic of non-paying cases.
 

VeronicaGia

Senior Member
The house is subject to lein when a judgement is made. This is especially true since the state is going to want to recoup monies spent to support the child while in foster care.
 

LdiJ

Senior Member
VeronicaGia said:
The house is subject to lein when a judgement is made. This is especially true since the state is going to want to recoup monies spent to support the child while in foster care.

I think that people are getting confused by the term "judgement". I think what the OP meant was that "if a child support ORDER was made" rather than a judgement.

Yes if a "judgement" is made (indicating that the mother had to be sued for non-payment) the house would be subject to a lien. However if an ordinary child support "order" is made, then no, the house would not be subject to a lien.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top