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child support lien

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lilshan32

Junior Member
What is the name of your state?What is the name of your state? florida

My ex wife put a lien on me for $7,000 for child support, well I had bought some property before we were even married and she was never added to that morgage or deed. The property was foreclosed on and there was about $10,000 from the sell of house, that I was suppose to be entitle to...but..my ex got the money instead. When she got the check, I was never notified. So now child support is about to suspend my licence for back support. So I guess question is, was the lien the reason she was even involed with foreclosure, and if so when she got the money, the lien should have satified (but it is not) and the lien was for $7,000 she got $3,000 more that what the lien was for. What do I have to do to make sure that I am credited that amount for child support and the lien be taken off my name. Because if I am not going to be credited for that lien, can I take her to court and make her give me my money back, money which she was NEVER suppose to get.
 


GrowUp!

Senior Member
lilshan32 said:
What is the name of your state?What is the name of your state? florida

My ex wife put a lien on me for $7,000 for child support, well I had bought some property before we were even married and she was never added to that morgage or deed. The property was foreclosed on and there was about $10,000 from the sell of house, that I was suppose to be entitle to...but..my ex got the money instead. When she got the check, I was never notified. So now child support is about to suspend my licence for back support. So I guess question is, was the lien the reason she was even involed with foreclosure, and if so when she got the money, the lien should have satified (but it is not) and the lien was for $7,000 she got $3,000 more that what the lien was for. What do I have to do to make sure that I am credited that amount for child support and the lien be taken off my name. Because if I am not going to be credited for that lien, can I take her to court and make her give me my money back, money which she was NEVER suppose to get.
Actually, there was money she was supposed to get, which is why you were in arrears. A lien can be put against an Obligor's property.

Are you sure there isn't any interest involved which might have increased the amount owed? You will probably need to contact CSEA to find out exactly what the arrearage amount was, etc. Unfortunately, to get CSEA to do anything in a remotely timely manner, you'll probably have to get a lawyer involved IF in fact you did overpay.
 

lilshan32

Junior Member
I understand that she can put a lien on my property, but when she recieved the money, that lien should have been taken care of. It seems that 2 checks should have been given out, the $7,000 to her for the back support and the other to me for whatever the remaining balance was. Since the court is who disbursed the money, they had to have seen the lien (right or am I wrong)? Also**************IF that money was not for the lien, then she had no legal right to that money. So has of now she got the money, and I still have the lien, which means that I still owe that money which was paid.
 

Silverplum

Senior Member
lilshan32 said:
I understand that she can put a lien on my property, but when she recieved the money, that lien should have been taken care of. It seems that 2 checks should have been given out, the $7,000 to her for the back support and the other to me for whatever the remaining balance was. Since the court is who disbursed the money, they had to have seen the lien (right or am I wrong)? Also**************IF that money was not for the lien, then she had no legal right to that money. So has of now she got the money, and I still have the lien, which means that I still owe that money which was paid.
It is probably an amazing amount of interest that took the rest of *your* money.
 

NotSoNew

Senior Member
so you were supposed to get 10K back from the sale of your home and they sent it to your ex, did you call and ask them why they did this, and if they say why (the lein) did you ask for proof of this? I would start there.
 

lilshan32

Junior Member
If it was for the lien, and the check was written by the court, wouldn't court have to know about the lien, so then lien would have been satified. (right??) BUT....if it was not because of the lien, what legal right would she have had to get the money?? See they are trying to suspent my license because of this, and I have a court date coming up. So I have to prove that she did get the money and it was for the lien for child support. You know she was never even mention of the foreclosure papers until the very last two that I recieved. She lives in Tx, got the check and already cash it before I even found out. I used to have to pay my support directly to her, but now it goes through the state of florida, so when she got the money she did not credit me for that amount, she just kept it and still tells me that I still owe the 7,000.??
 

Gracie3787

Senior Member
lilshan32 said:
If it was for the lien, and the check was written by the court, wouldn't court have to know about the lien, so then lien would have been satified. (right??) BUT....if it was not because of the lien, what legal right would she have had to get the money?? See they are trying to suspent my license because of this, and I have a court date coming up. So I have to prove that she did get the money and it was for the lien for child support. You know she was never even mention of the foreclosure papers until the very last two that I recieved. She lives in Tx, got the check and already cash it before I even found out. I used to have to pay my support directly to her, but now it goes through the state of florida, so when she got the money she did not credit me for that amount, she just kept it and still tells me that I still owe the 7,000.??
Go to your CS court clerk's office and ask for a payment print out. That will show if your account was ever credited with the payment or not.

Since your ex lives in another state, it is possible that Tx did the actuall siezure and has not reported the payment to Fl, or vice versa. That happens all the time with seizures and intercept, one state does the seizure but doesn't notify the state that has jurisdiction about the payment. Did you recieve any kind of letter or notification of the seizure? If so, that will tell you which state did the seizure and you can go from there. Either way, you need to take proof of the seizure/payment to the state that has jurisdiction and ask that your account be credited.
 

lilshan32

Junior Member
child support lien (update)

Since I first posted this problem I had with my exwife, I have learned the following: A company called "The Way Locating service" got in touch with my ex saying they had found lost money in her name and that if she uses their Co. she will get all the money, but if we both reply to their letter the money would be split. But you see I never got this letter from the locating service. Also I went to the court house and got a copy of the final foreclose judgement and it stated that my ex has rights to the money through a judgement lien she had on me back in 1999, well that lien was for child support. So therefore the reason I was not credited this money is because that "The way locating service" sent the check straight to her, so the state of florida child support enforcement didn't know she had the money. When I made my payments, I was to send all payments to them in turn they sent her the money. But in this case it didn't happen that way. She still thinks that I should not be credited this money . I don't want the money back, I just want to be credited to my child support payments. I go to court on July 20, 2006 I sure hope I know what I am talking about before I make a fool of myself. Any advice would help. Thank you.
 

stealth2

Under the Radar Member
Dude - have you READ any of the replies to you? The ones telling you that you need to find out exactly what your arrearage was? Because if you were $7k behind, you can bet there was a bunch of interest added to it. And you need to get PROOF that the $10k went towards the lien.
 

nextwife

Senior Member
stealth2 said:
Dude - have you READ any of the replies to you? The ones telling you that you need to find out exactly what your arrearage was? Because if you were $7k behind, you can bet there was a bunch of interest added to it. And you need to get PROOF that the $10k went towards the lien.
Look at your closing statement - contact the closing agent ant obtain a copy of the lien payoff letter and what it shows the payoff funds breakdown was shown to be.
 

lilshan32

Junior Member
child support lien (update)

Since I first posted this problem I had with my exwife, I have learned the following: A company called "The Way Locating service" got in touch with my ex saying they had found lost money in her name and that if she uses their Co. she will get all the money, but if we both reply to their letter the money would be split. But you see I never got this letter from the locating service. Also I went to the court house and got a copy of the final foreclose judgement and it stated that my ex has rights to the money through a judgement lien she had on me back in 1999, well that lien was for child support. So therefore the reason I was not credited this money is because that "The way locating service" sent the check straight to her, so the state of florida child support enforcement didn't know she had the money. When I made my payments, I was to send all payments to them in turn they sent her the money. But in this case it didn't happen that way. She still thinks that I should not be credited this money . I don't want the money back, I just want to be credited to my child support payments. I go to court on July 20, 2006 I sure hope I know what I am talking about before I make a fool of myself. Any advice would help. Thank you.
 

stealth2

Under the Radar Member
lilshan32 said:
Since I first posted this problem I had with my exwife, I have learned the following: A company called "The Way Locating service" got in touch with my ex saying they had found lost money in her name and that if she uses their Co. she will get all the money, but if we both reply to their letter the money would be split. But you see I never got this letter from the locating service. Also I went to the court house and got a copy of the final foreclose judgement and it stated that my ex has rights to the money through a judgement lien she had on me back in 1999, well that lien was for child support. So therefore the reason I was not credited this money is because that "The way locating service" sent the check straight to her, so the state of florida child support enforcement didn't know she had the money. When I made my payments, I was to send all payments to them in turn they sent her the money. But in this case it didn't happen that way. She still thinks that I should not be credited this money . I don't want the money back, I just want to be credited to my child support payments. I go to court on July 20, 2006 I sure hope I know what I am talking about before I make a fool of myself. Any advice would help. Thank you.
You already posted this.
 

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