Posted on: 03rd Oct, 2007 10:47 am
I have a 1986 judgement for unpaid child support owed to me by my ex-husband. When he and his new wife purchased their home, he quit claimed it into her name alone. Subsequent to that transfer I recorded a lien against the home for the unpaid support. He has since died. They lived in a community property state. Can I enforce the child support judgement via action for partition or some other way?
It is possible. Contact an attorney. It is definitely worth looking into. Often deadbeats will use tactics such as this. It is disturbing how people try to use the law to get out of their obligations.
if at the time of purchase he signed a quit claim deed then he had no ownership in the home and you would not have a valid lien. a community property state......like tx as an example....you can't enfoorce a judgement against real property if he isn't on title. you can however attempt to collect from his estate.....if he had money......but not against real property he didn't own.
Hello Ammesq,
As far as I know child support is valid for children below 18 years and may be up to 21 years if they have gone to the University. Now if your children are already above this age then, I think, your claim won't be successful.
As far as I know child support is valid for children below 18 years and may be up to 21 years if they have gone to the University. Now if your children are already above this age then, I think, your claim won't be successful.
hi,
Your 1986 judgement was against your husband and not his second wife. So after your husband's death whatever property is left to her is hers. Your child might be entitled to get something from your husband's estate if he has left a will but not from her property.
Your 1986 judgement was against your husband and not his second wife. So after your husband's death whatever property is left to her is hers. Your child might be entitled to get something from your husband's estate if he has left a will but not from her property.
I don't know the answer to your question, but I do know that it will depend on the law of the state where you live. Find your state at The Child Support Web "http://www.childsupportweb.com"
[Link deactivated as per forum rules. Thanks.]
[Link deactivated as per forum rules. Thanks.]
Allot of women wait too long before they file for back support. In Texas if you wait until the child is of the age of majoirity, you have NO claim. Many women also try to use this as a tool to hurt the EX husband who is trying to move on with his life. If your children are over 18 to 22 then just forget it! It is NOT CHILD SUPPORT THEN, THE SUPPORT IS FOR YOU! TOO BAD
If the lien is still on the property then you maybe stil be able to get that money. I would check into the lien and see if there was ever a release filed. Even if there is still a lien on title there is not much you can do except wait it out until she refinances or sells the home for the lien to be paid off. Although this is probably a better question for your attorney to answer,