Child Support Lien on Home

[Colleen Greenla]

What is the name of your state? California

My husband and I are in the process of selling our home. He has back child support arrearages of $96,000.00 and the county we reside in placed a lien on our home. Arrearages were accumulated while he was incarcerated for 7 years and prior to our marriage? Is there any way to resolve this? When we bought our home it was in both our names for 24 hrs., then he signed the house over to me as my sole property. Isn't at least 1/2 the equity in the home mine? Could the state/county collect all the equity on the home for his debt, even my 1/2 of the equity?

 

[HomeGuru]

What is the name of your state? California

My husband and I are in the process of selling our home. He has back child support arrearages of $96,000.00 and the county we reside in placed a lien on our home. Arrearages were accumulated while he was incarcerated for 7 years and prior to our marriage? Is there any way to resolve this?

**A: yes, pay if off.
**************


When we bought our home it was in both our names for 24 hrs., then he signed the house over to me as my sole property. Isn't at least 1/2 the equity in the home mine?

**A: yes, but your half interest is an undivided half which he also has an interest in. There are 2 things going against you:
1: community property laws
2: the property was in his name at one time.
************

Could the state/county collect all the equity on the home for his debt, even my 1/2 of the equity?

**A: yes so that's a hard lesson to learn. Don't get into trouble with the law and pay your child support. I hope the property can be sold so that his children are benefactors of the money that rightfully belongs to them.

 

[I AM ALWAYS LIABLE]

My response:

Obviously, this "stepmother's" husband is a serious deadbeat that she's trying to "enable." Typical stepparent stunt.

Any, and I mean ANY, transfer of property during any time when child support is in arrears in California, is looked upon as a "fraudulent transfer".

Did your deadbeat of a husband REALLY believe he'd get away with this?

What a moron. And, you are too for getting involved with a person like this. This is pure vindication, not only for the child, but also for me because most stepparents deserve what they get, and confirms everything that I've been saying all along about certain stepparents.

This one's for the "Gipper."

IAAL

 

[HomeGuru]

IAAL,
deadbeats trying to beat the system and screw the children.
The wife aiding and abetting a real property transfer in order to evade hussband's payment of child support is criminal. They both belong in jail.
The county should have just foreclosed on their lien.

 

[cclovins]

You both are moroons. The law and that's what this site is suppose to about states that married persons are NOT responsible for the others debts. No matter how YOU FELL about it. So To answer your question is yes you have half and they can't touch your half only his half. Even if he tried to hide his half they can go after his part NOT yours.

 

[annefan1000]

If, at the time of his incarceration, he did not file for modification of the child support, he's paying the price for his negligence. And why on earth did he transfer his interest in the real estate like that?? He must've assumed this to be a crafty way to hide from the child support obligation.

 

[HomeGuru]

You both are moroons. The law and that's what this site is suppose to about states that married persons are NOT responsible for the others debts. No matter how YOU FELL about it. So To answer your question is yes you have half and they can't touch your half only his half. Even if he tried to hide his half they can go after his part NOT yours.

**A: hahaha, Curt Clovins, you have no evidence to support your ignorant posting yet you dare to challenge 2 attorney's which are the top 2 contributors of this website. You are the big joke since you don't even have a clue about what you are attempting to talk about.

 

[cclovins]

I guess I can tell neither of you so called attorneys know what the hell your are taking about. I'm sure glad I don't need one. The High Courts have already made a ruling on this matter years ago when the Fed's were going after tax refunds. UH do you remember!!!!! No longer are spouses required to pay for the others debts. All you have to look at is the instructional book on tax refunds to find this out. You can still get a refund if one or the other owes monies. By the way I have litigated 6 cases and haven't lost one yet.
Why would you tell someone they are responsible for someone else's debts just because they are married. You're insane.

 

[cclovins]

By the way HomeGuru I happen to know you have NO LAW DEGREE and do NOT practice LAW. I don't know about IAAL.

 

[I AM ALWAYS LIABLE]

My response:

Dear Cliff Clavin:

You're not an attorney.

You're from some small hick town in Georgia.

You don't know California law.

Here's the law concerning "fraudulent transfers" to avoid debts in California.

Transmutations are subject to the laws governing fraudulent transfers (Ca Civil § 3439 et seq.). [Ca Fam § 851]

Thus, notwithstanding the spouses' compliance with the requisite statutory formalities (express written declaration changing property status, etc.), a transmutation is subject to a creditor's avoidance when its purpose was to put property beyond the creditor's reach to satisfy a debt (Ca Civil § 3439.04--transfer is fraudulent as to creditor if made with "actual intent to hinder, delay or defraud" creditor).

Agreements between spouses and prospective spouses are subject to the laws governing fraudulent transfers (Uniform Fraudulent Transfer Act, Ca Civil § 3439 et seq.). Thus, to the extent these agreements effect a transfer (or transmutation) of property that is "fraudulent" as to creditors, they may be avoided at the creditors' behest. [Ca Fam § 851]

Next time, don't discuss California law unless you know California law.

IAAL

 

[cclovins]

You still missed the point....She ask if they could go after her 1/2. We all know they can get his half. But I said they can not go after her 1/2. At best they can only take 1/2 the proceeds from the sale. Yes the transfer was fraudulent which means they deed is voidable. Now the deed is back were they both own 1/2 and they Fed's can only get his 1/2. You write like an attorney evanding the real issue. Now you still want to tell her she is going to loss her 1/2 too? By the way, last I checked Atlanta wasn't a hick town.

 

[I AM ALWAYS LIABLE]

You still missed the point....She ask if they could go after her 1/2. We all know they can get his half. But I said they can not go after her 1/2. At best they can only take 1/2 the proceeds from the sale. Yes the transfer was fraudulent which means they deed is voidable. Now the deed is back were they both own 1/2 and they Fed's can only get his 1/2. You write like an attorney evanding the real issue. Now you still want to tell her she is going to loss her 1/2 too? By the way, last I checked Atlanta wasn't a hick town.

My response:

As far as California is concerned, Atlanta is a hick town.

And, you don't know what you're talking about either. It doesn't matter that he deeded her a share of the property. The "point" is, he did so when he OWED child support. Therefore, the State of California deems it to be a FRAUDULENT TRANSFER or TRANSMUTATION in order to avoid a debt.

You keep mentioning the "Feds". The Federal government, nor Federal law, having NOTHING to do with this situation. This is strictly a "State" issue. Look at my Statute references, above, and read the Statutes. Then, hopefully you'll learn something about California law in this regard.

Please, I've been practicing law in California for 23 years. I know what I'm talking about. Now, go away.

IAAL

 

[cclovins]

As far as California is concerned, Atlanta is a hick town.

I didn't know you speak for the entire STATE. Must be some reponsiblity....

You probably came from some hick town yourself and moved to CA. to get rid of the stinch. Just because you live in LA doesn't impress me one bit. Even less you being an attorney. Everyone knows about attorneys and you can't hide that. If she plays her cards right she'll keep the house and rent it. Yes I didn't pay my X either and I'll go to my grave oweing her $100,000.00 plus interest. You see I've learned one thing about oweing people money. You don't have to pay it if you don't want to. Just because laws are made doesn't mean you have to abide by them. That's why attorney's were invented and thanks to you and every other attorney I'll duck and hide in every a loop hole I can find. That's what I think this site is about. WINNING not writting about what you think is right or wrong cause no one really cares about your thoughts only getting around a situation. It's ADVICE.com. If you want to publish your thoughts get a site, or stick to the issues.

 

[HomeGuru]

By the way HomeGuru I happen to know you have NO LAW DEGREE and do NOT practice LAW. I don't know about IAAL.

**A: who are you trying to kid? Your credibility has gone further down the toilet with each post.
Do you actually think the viewer's of this website are going to fall for your games and actually believe you over IAAL and myself? You are woefully undermining their intelligence.
Just look at your profile:
Interests: SEX
Occupation: Analysis
You are a real clown.

Geez, if I have no law degree and do not practice law, then maybe I should stop paying my American Bar Asoociation dues and resign from the various forums and committees I am a member of.

 

[duke_wall]

Hey that's a good question what do Attorneys pay the American Bar Asoociation. and is it like union dues ie electrictian