Can my Deceased ex-husband legally sell land he owned while having a Child Support order in place?

Question

My Ex-Husband sold this land before he died,but never paid Child Support,this land is now owned by someone else .Is their away I can take this to court for contempt although my Ex-Husband is deceased???before he died he sold this land,but never paid any child support??his only assets was the LAND,their was only a lien on his home and that got burned down~~.Is it possible to get myself and my children(s) land back since he owed a great amount of childsupport at the time of the sale of the LAND???? Thankyou

Answer 1

If the land was transferred for less than market value, or if it was transferred to a friend or relative who had knowedge of his arrears of child support and in a conspiracy to enable him to dispose of assets and avoid the debt, then you can pursue the holder of title to the land under a theory of fraudulent conveyance. Most US states have enacted the Uniform Fraudulent Conveyance Act (see, for an explanation, http://www.fraudulenttransfers.com ).

The agency in your state responsible for enforcement of child support orders may be able to help. This is not a do-it-yourself project, you need legal advice (although if you don't have a lawyer you certainly should print out what I wrote above and mention it to any judge you appear before).

One wonders what happened to the proceeds of sale. The same law I mentioned above can be used to reach those funds. Even if they were "gambled away" to friends as part of another conspiracy to avoid the arrears.

The social services agencies can advise you on the child's rights regarding inheritance and survivor's benefits. In at least one state (Louisiana) a parent cannot disinherit a dependent child.

Good luck.

[One wonders why people post answers like "see a lawyer". Do they think the questioner is so ignorant that she doesn't know that already and can't they see that she wants to appear intelligent when she talks to the lawyer so she doesn't waste his/her time and have to pay for it? Or do they just want those 2 points so badly so they can resell them on eBay or something?]

To kikka: This isn't a property law question; no doubt the sale was properly recorded in the county clerk's office. This is a fraudulent conveyance question: the hiding of assets to avoid payment of a debt that is so protected in law that the debtor can't avoid it in bankruptcy or by giving stuff away.

To everybody: If this were a question about the best technique for root canals, would you answer it with guesswork? Why do you guess about the law when there really isn't any doubt about what the law is, one only has to look it up. Or know what it is. Findlaw.com and Lexisone.com are your friends.

Answer 2

Unfortunately, that is two separate cases. What your ex owed you in child support, you will never see now. You didn't when he was living and you will not now that he is dead. Unless there are loop holes in the land contract, could you possibly contest it.

Your children will receive benefits from ssi because of his death until they are 18 or finish school, whichever comes first.

Secondly since he is deceased, go to SS and get a check for them claiming the death of their father - if applicable in your state. Some mothers do receive a check monthly as opposed regarding child support that help them. Most of the time it is because they don't know who the father is, in your case you would need to go to SS and research for yourself.

Instead of holding onto the past, which is hard. I know my first three children were by my 1st husband who walked out and it took him going to jail before he started to pay. He had nothing to do with them for 4 years. I had to let go of the past and do what I needed to help my children and their future. It is a tough road, but there is always light at the end.

Now I am married to someone who means to world to us all and we have a 4th child - one big happy family - keep your head up girl it does get better.

Answer 3

I think it really depends on IF the land has already changed hands. If it is held up in probate,then you can probably do something about it now -- it really depends on the timing. If you had a lien on the property, there shouldnt be any way for it to change hands without you getting what is owed to you.

First, I would check if the lien is still valid.
Then, check whose name the property is in and if it has already changed hands.
Then contact an attorney for a free consultation and see what they have to say. '

Good Luck

Answer 4

if he sold the land where did the sale money go? You might get a lien on his estate, but to take the land is punishing innocent people who purchased the land. I doubt a court would support that. check w/ an attorney

Answer 5

Property laws differ from state to state. You're going to have to consult a lawyer on this...

My guess, though, is no. You will not be able to get this. In the eyes of the law it did not belong to you or your children. The people who bought it did nothing wrong in buying the land. You could sue his estate, but if he died broke it's useless.

Answer 6

This is a question for a lawyer.