Child support taking my home

[LdiJ]

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

Come on Zig...this is very much the OP's business because its her house too. She has the right to ask questions and get answers because it really IS her legal business.

OP...Misto gave you the best answer so far on this thread.

 

[minigamer]

this is the last of the support he owes. we have been paying it but both of us are out of work now so it's not like he's a dead beat dad that hasn't paid in yrs. we have made sure it has been paid.
1. Could they force him to sign this without a lawyer
2. what problem is this for me and my children

 

[BL]

this is the last of the support he owes. we have been paying it but both of us are out of work now so it's not like he's a dead beat dad that hasn't paid in yrs. we have made sure it has been paid.
1. Could they force him to sign this without a lawyer
2. what problem is this for me and my children

Did he file for a modification of child support ?

1. I think he willingly signed it as an option to guarantee it will be paid .
2. It creates a lien as was described .

 

[mistoffolees]

this is the last of the support he owes. we have been paying it but both of us are out of work now so it's not like he's a dead beat dad that hasn't paid in yrs. we have made sure it has been paid.
1. Could they force him to sign this without a lawyer
2. what problem is this for me and my children

1. They can't FORCE him to sign without a lawyer. He certainly can choose to do so.

Of course, hiring an attorney and fighting it might well cost a large fraction of the amount he'd have to pay to clear his name.

2. If he pays off his arrears, it won't have any problem for you and your children.

If he fails to pay off his arrears and if you try to sell the house, then it might interfere. The bank would take their money and you and hubby would have what's left.

If you were to divorce, the situation changes slightly. Worst case is that the amount he owes gets taken off the top and you and hubby would split the different. OTOH, you could easily argue in a divorce case (if such were to happen) that the arrears should come out of your husband's share of the proceeds and your share would be protected.

But, seriously, it's only $4,000. He needs to pay it off. Have him take a second job as a department store Santa for the next couple of months. That would take care of a large portion of the arrears.

 

[stealth2]

But, seriously, it's only $4,000. He needs to pay it off. Have him take a second job as a department store Santa for the next couple of months. That would take care of a large portion of the arrears.

Actually, misto, he needs to get a first job before a second. But, you bring up a good point. The holidays are coming, and retail IS hiring for the season. Maybe not at the same level as a few years ago, but they are hiring. Dad needs to get out there and start applying - anywhere and everywhere. Like today. The window of opportunity is short, so the sooner he gets out there and the more places he applies to - the better his chances are. In all honesty - that's how I started with my current job.

 

[BL]

Actually, misto, he needs to get a first job before a second. But, you bring up a good point. The holidays are coming, and retail IS hiring for the season. Maybe not at the same level as a few years ago, but they are hiring. Dad needs to get out there and start applying - anywhere and everywhere. Like today. The window of opportunity is short, so the sooner he gets out there and the more places he applies to - the better his chances are. In all honesty - that's how I started with my current job.

Many temporary jobs lead to permanant ones .

I started out as temp. at one years ago and was permanant in a couple months .

 

[nextwife]

Many temporary jobs lead to permanant ones .

I started out as temp. at one years ago and was permanant in a couple months .

However, in THIS economy, most seasonal jobs are likely only seasonal. More retailers are closing stores, than are hiring full time.

 

[stealth2]

However, in THIS economy, most seasonal jobs are likely only seasonal. More retailers are closing stores, than are hiring full time.

Actually, while we may not be hiring F/T, we do look for seasonal workers who will fit with us after the season. And we'll keep them on. If they work hard - they will end up F/T.

At the end of the day? Even a seasonal P/T job is better than no job at all.

 

[Banned_Princess]

the lien on the house, if thats what it is, can be put on the title, even without his consent.

a lien will effect you in that when you try to sell or refinance, the lien has to be paid off before the title can be cleared for sale / refinance.

if he put up the house for collateral, I suggest you refinance the house to borrow the tiny 4k to pay it off.


if you are due a tax return married filing jointly the state can take your return to satisfy some or all of the debt.

 

[mistoffolees]

However, in THIS economy, most seasonal jobs are likely only seasonal. More retailers are closing stores, than are hiring full time.

That may or may not be true, but if he can get a seasonal job, he will at least have some money to start paying down the arrears. Temporary income is better than no income at all.

 

[BL]

If he is out of work due to no fault of his own he should have asked for a modification of his current CS obligations in court so arrears won't build up out of hand .