Prison/Child Support

[newwife03]

What is the name of your state? TX---My husband may go to prison, What could happen he if does go to prison what about the child support that he pays now(daughter is 13)? Can she take any legal action? if so what? He owns the house that we live in and owned it before his 1st wife.can she make him sell it to pay the remaining(5 years) child support that will be due to the ex-wife if he goes to prison? Any info would be great. Thanks

 

[Ohiogal]

If he goes to prison he will still be responsible for paying child support. He will not qualify for a downward modification because prison would be seen as a voluntary choice -- he made the choice to do whatever it was that got him locked up. If he gets too far behind, the ex can go after the house.

 

[newwife03]

thanks for the info--- How would she be able to go after the house since the house was his before the marriage? what if he puts my name on the house also? What would I be able to do?

 

[LdiJ]

A lien can be placed against any asset that someone owns, in order to collect back child support. They can't force you to sell the home, but they can place a lien on it so that whenever it IS sold, that the back child support comes out of the proceeds.

I would suggest that if you have a joint bank account, that you close that one and keep all of your money in your name only. They can also seize the funds in bank accounts that have his name on them.

 

[Ohiogal]

A lien can be placed against any asset that someone owns, in order to collect back child support. They can't force you to sell the home, but they can place a lien on it so that whenever it IS sold, that the back child support comes out of the proceeds.

I would suggest that if you have a joint bank account, that you close that one and keep all of your money in your name only. They can also seize the funds in bank accounts that have his name on them.

In order for a joint bank account to be closed in many areas both parties have to close it. One party cannot close a joint bank account. Several of my clients have run into this problem. And if it is found that he is funneling money through your bank account and just doesn't have his own, it is possible that those funds can be seized.

 

[LdiJ]

In order for a joint bank account to be closed in many areas both parties have to close it. One party cannot close a joint bank account. Several of my clients have run into this problem. And if it is found that he is funneling money through your bank account and just doesn't have his own, it is possible that those funds can be seized.

Ok...if she can't close it then she can at least open an account of her own and deposit her own money there.

In my state either party can close a joint account. In fact, I would find it difficult to believe that someone could be forced to continue a joint account against their will in any state. That would violate all kinds of civil rights under the US Constitiution.

However, I have to disagree with you Ohiogal....unless it can be PROVEN that someone elses money is running through an account, the courts have no authority to levy the account of an unrelated party. If dad is in prison, its obvious that he would not be running any money through his wife's account.

 

[Ohiogal]

Ok...if she can't close it then she can at least open an account of her own and deposit her own money there.

In my state either party can close a joint account. In fact, I would find it difficult to believe that someone could be forced to continue a joint account against their will in any state. That would violate all kinds of civil rights under the US Constitiution.

However, I have to disagree with you Ohiogal....unless it can be PROVEN that someone elses money is running through an account, the courts have no authority to levy the account of an unrelated party. If dad is in prison, its obvious that he would not be running any money through his wife's account.

No it is not obvious because he could have funds coming from other sources -- of which we do not know mind you. Dad could have pensions, retirement, trust fund, stock dividends -- shall I continue?
And reread what I said. I stated that if it is FOUND (hey guess what -- that means proven) that he is funneling money through her account then her account could be seized. Because basically that would constitute fraud. You can find it as difficult as you want to believe that it takes both parties to close a joint account, but it does. They both opened it and they both need to close it -- several of my clients like I said before have had this issue. Are you just in the mood to argue?

 

[stealth2]

Have him move title to all personal property to someone he trusts, really trusts. His mom or dad, maybe a sibling, perhaps you.

This is the WORST advice I've seen in a long time.

 

[LdiJ]

No it is not obvious because he could have funds coming from other sources -- of which we do not know mind you. Dad could have pensions, retirement, trust fund, stock dividends -- shall I continue?
And reread what I said. I stated that if it is FOUND (hey guess what -- that means proven) that he is funneling money through her account then her account could be seized. Because basically that would constitute fraud. You can find it as difficult as you want to believe that it takes both parties to close a joint account, but it does. They both opened it and they both need to close it -- several of my clients like I said before have had this issue. Are you just in the mood to argue?

No...its just that I have closed several joint accounts over the years without needing the permission or signature of the other party....one just very recently. Of course I am not in Ohio so I conceed that the banking laws could vary.

The bottom line is that I am recommending that she keep HER money in an account in only HER name.

 

[Ohiogal]

Have him move title to all personal property to someone he trusts, really trusts. His mom or dad, maybe a sibling, perhaps you.

The point being that if he has any property worth money, the courts can force a sale to pay for debts owed. This maybe difficult to understand since, with the expection of child support, the US does not have debtors prison. Child support (and I believe IRS, could be wrong on this one) are the only two "debts" which a person will serve time for and lose property. Anyone see a connection here?

You will be reported for encouraging this OP to have her husband commit fraud. Which is a felony and against the law. I would seriously rethink your illegal advice and remove it. If he did this, he could be prosecuted for a crime and the courts could still nullify any transfers, reverse them and then seize them.
And people who don't pay child support do not go to jail for the debt. They are sentenced for CONTEMPT OF A COURT ORDER. There are ways to avoid jail -- if they can't afford to pay child support then they file for a modification.

 

[Ohiogal]

This is the WORST advice I've seen in a long time.

Actually it is encouraging someone to commit a crime. Hiding funds or assets in this way is a felony in many areas. And anyone who participates would be guilty of it. And as I said in my other post, the transfers could be nullified and then the assets seized. The courts do not look fondly on criminals or others who commit criminal acts to avoid their responsibilities.

 

[stealth2]

Actually it is encouraging someone to commit a crime.

And hence, the worst advice I've seen in a long time.

 

[Ohiogal]

And hence, the worst advice I've seen in a long time.

Okay. When I think of bad advice though I think of telling someone to wear a mini skirt and half top to a job interview at a law firm. I just put illegal advice on a whole different playing field.

 

[stealth2]

Okay. When I think of bad advice though I think of telling someone to wear a mini skirt and half top to a job interview at a law firm. I just put illegal advice on a whole different playing field.

LOL I was trying to be polite with topsidder so we could perhaps avoid another long-winded diatribe.

 

[newwife03]

Thanks all---- What can we do about the house? I have been putting money in a seperate account with only my name on it. If he does go to prison how long will it be for the child support division to catch it? My main concern is the house right now, because we have put alot of money in to remodeling it and yes most of the money was mine(mine-70% his-30%) The house is in his name since he had it before his 1st marriage, what if we refinanced it and put it in both of our names, could anything be done then? The house is almost paid off(5200.00)What should we do? Please help!!!!!!!!