It was put on when divorced; owed 7,000 back in 2003 and hasn't paid.How do I get him to pay that money to the children
2006-07-23 13:25:43 · 9 answers · asked by underthesunset2001 1 in Family & Relationships ➔ Marriage & Divorce
This was stated in the divorce decree that he pay the children each 3500.00 by the year 2003. It doesn't concern child support which I had been receiving . I did go to the adm court and they gave me papers for contempt of court. I am not sure these are the correct papers. Any ideas? Thanks for the answers........
2006-07-23 14:13:20 · update #1
I went through this myself. If it clearly states on the divorce decree that he "must pay" in 2003 then he is in contempt. If you just have a lien on the house and he is to pay this amount-first he either will have to sell the house or refinance the house. The only way he can do either is to pay the lienholder off first to go through with the transaction. If he does either, you will be notified by his real estate broker and they will want you to sign your lien off. Don't do this UNTIL you have your money in hand. You sign your name off after he puts the check in your hands. DO NOT sign anything beforehand. BUT if he was ordered to pay in 2003 and hasn't then he is in contempt. File papers. Hope this helps....
2006-07-24 01:28:00 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Actually, Carabear, in many states each and every week of child support debt constitutes an AUTOMATIC lien against any real property owned, and no lien papers need be filed. Various county law associations have their own legal standards, and in child support cases, many counties require that for any real estate to be sold, the attorney must look for child support debt owed by any owner of that house.
And, the abstract will not be cleared for sale until that lien is satisfied. It is called something like implicit lien, even if the child support is all paid up to date.
I always advised men the minute the last child support payment was made, to get what in Iowa is called Complete Release and Satisfaction of Judgement. That is a permanent release so that particular c/s order is taken care of forever. It would take a new c/s order to get a new lien on that property. In Iowa, it is filed with the courthouse, probably at the Recorder's office so it is never lost.
For ongoing c/s payments, when the payer buys a house, it should be no surprise that the paper needed to show c/s was paid up to date, was called Partial.........
2006-07-23 13:56:11 · answer #2 · answered by retiredslashescaped1 5 · 0⤊ 0⤋
I believe that a lien on a house means that when it is sold you collect that amount of money. You could check with an attorney to see if you could force the sale of the house. Probably you could get an answer to this question over the phone at no charge if you made it short and to the point. If it is possible to force a sale then you could make an appointment with the attorney. Sometimes you can get a complimentary visit with an attorney to find out if you have a case.
2006-07-23 13:30:44 · answer #3 · answered by papricka w 5 · 0⤊ 0⤋
You need to see a lawyer. I think the lien is only paid if he sells the house. If you want him to pay that money to the children, see about the contempt of court issue.
2006-07-23 14:47:46 · answer #4 · answered by PuttPutt 6 · 0⤊ 0⤋
He doesn't HAVE to pay until the house is sold.
But the sale of the house requires the lien be paid, so you'll get your money "eventually," even if he dies and the estate sells his house.
2006-07-23 13:32:12 · answer #5 · answered by urbancoyote 7 · 0⤊ 0⤋
Usually, liens have to be renewed yearly...check with your locality. Liens are paid from settlement monies, but if the lien has expired, no money unless you place it again. Better check this out. Good luck
2006-07-23 13:39:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
basically he is in debt to u and owes u money, and untill he pays what he owes he cant do anything where his house is concerned.. he cant sell it, with out u getting paid what he owes first , and if he were to die.. and they sell his estate, they have to pay you your money first before it goes to anyone else..
2006-07-23 13:35:30 · answer #7 · answered by brwneyedgrl 7 · 0⤊ 0⤋
you could get a lawyer and try to force him to sell and give you what is owed....
you're best best is to talk to an attorney....many give a free consultation and will tell you if have a chance of recovering what is owed to you and your children
good luck
2006-07-23 13:29:40 · answer #8 · answered by Campbell Gramma 5 · 0⤊ 0⤋
he can not sell it until you are paid or no 2ND mortgage
2006-07-23 13:29:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋