Child support taking my home

[minigamer]

What is the name of your state (only U.S. law)? New York

My husband owes back child support of about 4k. he went into court today on it. He told me that they made him sign his half of our house over to them as security that he will pay the support. Can they force him without a lawyer to sign papers like that and if so what happens to my half of the house and my kids (we have 4 children together).

 

[Zigner]

What is the name of your state (only U.S. law)? New York

My husband owes back child support of about 4k. he went into court today on it. He told me that they made him sign his half of our house over to them as security that he will pay the support. Can they force him without a lawyer to sign papers like that and if so what happens to my half of the house and my kids (we have 4 children together).

This is not your legal matter.

 

[minigamer]

This is not your legal matter.

Not my legal matter yet we both own the home they are going to take so how is this not my legal problem ?

 

[CourtClerk]

This is not your legal matter.

Well... if she owns half of the house, this very well may become her legal matter if he defaults and they attempt to take the house - or when they sell the house and she doesn't get the money that she expected to get because her husband hasn't been supporting his children and therefore, CSE is taking a significant chunk of money from the sale of the house...

But OP, you NEVER marry someone who hasn't supported his children and then compound the problem by making other children.

Go ask your husband what his intentions are regarding the debt he owes to his ex and what he intends to do with the fact that he's just signed over his half of your family's home. Great decision making...

However, the title of your post is a little bit deceiving. Child support isn't taking your home, if anything, your husband is giving it away.

 

[Silverplum]

Not my legal matter yet we both own the home they are going to take so how is this not my legal problem ?

You're confused because you don't understand the concept of "legal stranger," and that your H's child support is his problem.

Why do you think "they" are going to take your home?

 

[Isis1]

Not my legal matter yet we both own the home they are going to take so how is this not my legal problem ?

your sweet, wonderful, caring husband needs to pay the arrears of this child support in order to remove the lien. you need to talk to him about that. that was a really crappy thing he did to you.

 

[Antigone*]

your sweet, wonderful, caring husband needs to pay the arrears of this child support in order to remove the lien. you need to talk to him about that. that was a really crappy thing he did to you.

Heck, if she really wants to save her home, she could always pay it for him

 

[Silverplum]

What is the name of your state (only U.S. law)? New York

My husband owes back child support of about 4k. he went into court today on it. He told me that they made him sign his half of our house over to them as security that he will pay the support. Can they force him without a lawyer to sign papers like that and if so what happens to my half of the house and my kids (we have 4 children together).

If he owes $4,000 -- why are you so certain you'll lose the house?

$4K is a "doable" number. It's not like it's up to $400,000.

 

[Isis1]

Heck, if she really wants to save her home, she could always pay it for him

then sue him in divorce court so she can get paid back!

 

[Zigner]

Well... if she owns half of the house, this very well may become her legal matter if he defaults and they attempt to take the house - or when they sell the house and she doesn't get the money that she expected to get because her husband hasn't been supporting his children and therefore, CSE is taking a significant chunk of money from the sale of the house...

If they actually attempt to foreclose, then it's her problem.

The other things you mentioned are not her legal matter.

 

[CourtClerk]

If they actually attempt to foreclose, then it's her problem.

The other things you mentioned are not her legal matter.

I beg to differ. Anytime someone signs over something I have a community interest in... it instantly becomes my problem.

 

[BL]

Child Support Collections, Your Past Due Child Support

www.nyc.gov/html/hra/downloads/pdf/enforcement_actions.pdf


2.Liens: According to the child support laws in most states, the state child support agency can place a lien on certain types of real property owned by the non-custodial parent such as his or her house or car. This lien will prevent the non-custodial parent from selling the property until all the debt is paid. In addition, some states allow the child support agency to seize the property as payment for past due child support payments.

 

[OHRoadwarrior]

I wonder if she is on public assistance. If so the support may be owed to the state. Otherwise, you can always try to barter w/CS, to obtain clear title in exchange, if he defaults.

 

[mistoffolees]

What is the name of your state (only U.S. law)? New York

My husband owes back child support of about 4k. he went into court today on it. He told me that they made him sign his half of our house over to them as security that he will pay the support. Can they force him without a lawyer to sign papers like that and if so what happens to my half of the house and my kids (we have 4 children together).

I suspect that you do not understand. He did not sign over his half of the house. More likely, he used his share of the equity in the home to guarantee the debt. And that's perfectly legal. He owes money to children that he has a legal obligation to support - children who were his responsibility before you and he had 4 more children (why, oh why do people insist on having so many children when they can't even meet their existing obligations?).

What would happen is that it is unlikely that they would force your home into foreclosure. Rather, the lien will stay on your home - with the amount increasing every year due to interest - until you sell. When you sell, they will collect their portion first and then you and hubby can deal with what's left. You may be able to protect your portion of the equity, but I'm not going to look it up.

In any event, he needs to pay off the $4 K before you sell the house (and before he goes to jail for nonpayment). You are free to help with that if you wish, but not obligated to do so.

 

[Zigner]

I beg to differ. Anytime someone signs over something I have a community interest in... it instantly becomes my problem.

"Community interest?" How would that apply in New York?