Can CS been increased when you sell a house?

[worriedIL]

What is the name of your state? IL

My boyfriend has sold his condo, he will get approx $18k that we are putting into another home. Does that qualify as income and can his CS be increased because of it?

 

[NotSoNew]

nope. i am pretty sure we just had this question recently too.

 

[momofrose]

nope. i am pretty sure we just had this question recently too.

Yes we did - and the answer is still No - profits from a house have nothing to do with child supportD

 

[thefid]

What is the name of your state? IL

My boyfriend has sold his condo, he will get approx $18k that we are putting into another home. Does that qualify as income and can his CS be increased because of it?

If you have a judgment, you can get a lien on the house for the amount of the judgment before it is sold. I bought a house and the previous owner's ex-wife called me and said she had a lien on my house, talk about getting me upset... It was all cleared up with the title insurance company, but sounds like she put it on about the same time as the closing... no wonder why the previous owners wanted to sell real fast.

If he has already sold it, there isn't much that you can do, just garnish his paycheck until he buys another house.

Good luck...
Jon

 

[momofrose]

If you have a judgment, you can get a lien on the house for the amount of the judgment before it is sold. I bought a house and the previous owner's ex-wife called me and said she had a lien on my house, talk about getting me upset... It was all cleared up with the title insurance company, but sounds like she put it on about the same time as the closing... no wonder why the previous owners wanted to sell real fast.

If he has already sold it, there isn't much that you can do, just garnish his paycheck until he buys another house.

Good luck...



Except that OP did not say anything about a judgement - they mearly asked if the CS can be raised due to profits from the sale of the house and to the the answer is NO.

D

 

[Mediate This!]

If you have a judgment, you can get a lien on the house for the amount of the judgment before it is sold. I bought a house and the previous owner's ex-wife called me and said she had a lien on my house, talk about getting me upset... It was all cleared up with the title insurance company, but sounds like she put it on about the same time as the closing... no wonder why the previous owners wanted to sell real fast.

If he has already sold it, there isn't much that you can do, just garnish his paycheck until he buys another house.

Good luck...
Jon
QUOTE]
I am not a laywer, but what in the world does this have to do with the OP's question?? You're not even in the same zip code with that advice.

 

[momofrose]

I am not a laywer, but what in the world does this have to do with the OP's question?? You're not even in the same zip code with that advice.

It has NOTHING to do with OP's question.

D

 

[outragedMOM]

Thefid

www.IamNOTaVisitor.com


I went to your link and read it, and I do agree about the child being of the marriage. It should not be automatically assumed, especially if you had a paternity test done excluding the husband as the father. That is the problem I am having right now!

 

[momofrose]

www.IamNOTaVisitor.com


I went to your link and read it, and I do agree about the child being of the marriage. It should not be automatically assumed, especially if you had a paternity test done excluding the husband as the father. That is the problem I am having right now!

please do not hijack OP's original thread.

D

 

[outragedMOM]

please do not hijack OP's original thread.

D

I was not hijacking the OP's thread and I'm sorry if that's what you think.
There was no harm intended to orginal OP!

 

[BelizeBreeze]

Actually, the sale of a home or other personal property CAN be used to modify an existing child support.

Since we don't know how long it's been since the initial order or last modification, and since we don't know how much the ncp is paying or anything else, an absolute answer of NO is incorrect.

Child support is NOT exclusively based on monitary income. It is based on the combined assets available to either party.

Therefore, if the home's value has markedly increased in the years since the initial order, then that additional income can be considered an available asset for purposes of child support.

 

[worriedIL]

The orginal CS agreement is dated July 7, 2005. So it's been less then a year. THe NCP pays $1000.00 a mnth, plus half of healthcare, dental, brownies, and cheerleading and any other activitites. or and daycare.

 

[BelizeBreeze]

The orginal CS agreement is dated July 7, 2005. So it's been less then a year. THe NCP pays $1000.00 a mnth, plus half of healthcare, dental, brownies, and cheerleading and any other activitites. or and daycare.

And? what does that have to do with the correct answer?

 

[worriedIL]

Isn't this what you said???? Since we don't know how long it's been since the initial order or last modification, and since we don't know how much the ncp is paying or anything else, an absolute answer of NO is incorrect.

I was responding. There has not been a modification since the orginal order was placed. The house that is being sold is the home my bf and his ex owned together. She's selling it probably this year.

 

[BelizeBreeze]

Isn't this what you said???? Since we don't know how long it's been since the initial order or last modification, and since we don't know how much the ncp is paying or anything else, an absolute answer of NO is incorrect.

I was responding. There has not been a modification since the orginal order was placed. The house that is being sold is the home my bf and his ex owned together. She's selling it probably this year.

And the point is? The fact is yes, cs can be modified under those and other less stringent circumstances.

WILL IT be changed? That's a question of fact for a judge.

No on can give you an answer to that question.