General Question

Roadtodebt's avatar

Do you know what a judgement lien on your record means for non payment of child support?

Asked by Roadtodebt (529points) 2 months ago from iPhone

The courts sent a letter to my ex husband stating he had x amount of time to pay x amount of money or a judgement lien would be put on his record, I tried asking the clerk but she didn’t really know what it meant exactly. Would this enforce child support?

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16 Answers

Inspired_2write's avatar

https://www.investopedia.com/terms/j/judgment-lien.asp
DEFINITION of ‘Judgment Lien’ A judgment lien is a court ruling that gives a creditor the right to take possession of a debtor’s real property if the debtor fails to fulfill his or her contractual obligations.
Basically a Garnishment of money owed on his Property.( he can’t sell his property until the lien is paid)

Roadtodebt's avatar

Thank you for that, I tried looking it up too but I dont believe he owns any property though he did just buy a new car but he lives in a different state so I don’t know if this would even effect him at all ):

Inspired_2write's avatar

Oh so HE JUST purchased a Car instead of paying child support!
So he had money and chose to starve his kids?
On the other hand perhaps he needs the car for work in order to pay child support?
All the lien will do is prevent him from selling the car (property) until he pays child support.
It will do nothing in the meantime as you and the kids starve.
I would try and get hold of him to find out how he plans to make the payments?
If they know where to place the lien on his property then they know where he is living?

He should had told you that he would be late in paying support and then you could had made arrangements in the meantime . Get supports put in place in the meantime ( social services etc)

Roadtodebt's avatar

my thoughts exactly, I honestly have no information on him, I only know he purchased a new truck because he posted a picture of it on his Instagram. He’s been in new york for 2 years now but we do not communicate it all, they said I could pay to reopen this case and file to have his license suspended but I was also told if he has a New York license now it would do nothing.

He was paying on time up until the past 4 months, he slowly started paying late then paying once a month, and then nothing at all the past 2 months, so I think he’s just done, probably talked to someone who doesn’t pay court ordered support and figured he could do the same and from what I’m experiencing it seems to be true.

Inspired_2write's avatar

@Roadtodebt
Or perhaps he was saving in order to move and pay for his car..perhaps to a new job?
Don’t worry about Court payments,as they can come out of his paymens to you plus the costs of the Court process.

If you do take it to Court again have it set up where he has to pay the Courts or Social Services and they in turn pay you that way a Legal system will keep up with him no matter where he moves etc.
This was done in Canada as too many were not taking responsibility for there child’s welfare willingly.
It saved a lot of troubles and avoided the fights between parents etc In effect they became a mediator. So perhaps you need a mediator assigned where he pays them and then its transferred to you?

gorillapaws's avatar

I’m pretty sure you can have his wages garnished (but you really should consult with someone who knows what they’re talking about). That means his work is legally obligated to withhold some portion of every paycheck and send it to you. I don’t think him being out of state would affect that, though there may be an extra hoop you have to jump through.

Roadtodebt's avatar

I’m going to look into more, thank you I appreciate it.

rojo's avatar

IMO a court ordered lien is hardly worth the paper it is printed on. Someone has to enforce it and that usually falls on someone like you. So, keep pushing and look for help.

At least that is my experience with other property liens, not those associated with a child support case.

KNOWITALL's avatar

You should be getting aid from the state if he’s not paying, which will then take him to court as the bio father, then he decides if he pays or they put a judgement against him for that money. So he can’t sell a home or any real property without paying it back. Basically so he can’t profit and not pay them back. Some states take drivers licenses now, too, varies state to state.

JLeslie's avatar

I can tell you that just today we called our insurance to do a DMV check on a guy we want to hire (our employees drive our vans so they must have a clean driving record) and our agent came back and said everything is fine except he has a nonpayment of child support in his record so he can’t be insured. Which means I can’t hire him, unless he can get that cleaned up.

Call_Me_Jay's avatar

IMO a court ordered lien is hardly worth the paper it is printed on…At least that is my experience with other property liens

Property liens are very limited, specifically tied to the property. So action is limited.

With a judgment against a person you can collect from any assets. Wages, put a lien on their home, a car, etc.

We worked on a case where a person was owed a 5-figure refund of property taxes. But there was a judgment on record against him, and the plaintiff swooped in and intercepted the money.

KNOWITALL's avatar

@Call_Me_Jay And they’ll take all his tax returns!!

Kardamom's avatar

There is a radio program from Los Angeles called Handel on the Law, hosted by lawyer Bill Handel, on KFI radio. The show is on Saturday mornings 7–10 AM PST.

Bill Handel also has a website where you can search for a lawyer, of the type you need, which would be in the categories of Divorce, and Family, and Children/Child Support.

You and your ex husband do not need to be in California to get the free referrals to lawyers in your area, and as I understand it, the first consult with the lawyer that you choose is free so that you can ask how to proceed.

You can try calling into the show, but you can also email Bill Handel and ask for assistance in how to proceed.

All of the lawyers on his recommendations list are vetted.

Here is the contact page:
http://www.handelonthelaw.com/ask-a-lawyer/

Here is more info about the site, and the menu is up in the top left corner:
http://www.handelonthelaw.com/about-us/

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