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Is there a way to remove my my husband from the deed if he is in arrears on child payment?

Is there a way to remove my my husband from the deed if he is in arrears on child payment?

Q: How long does a lien for child support last?

The duration of a lien for child support can vary by state. Generally, it remains in effect until the debt is paid or the court removes it. In some cases, a lien may last for several years, but it is advisable to check with local laws or a legal professional for specific timeframes applicable in your state.

Q: Can a lien be removed from a property?

Yes, a lien can be removed from a property, typically by obtaining a court order. If the child support arrears are paid or if the circumstances change, you can petition the court to lift the lien. It's important to follow the legal process to ensure the lien is properly discharged.

Q: What happens if my ex doesn't pay child support?

If your ex doesn't pay child support, you can take legal action to enforce the order. This may include seeking a judgment for arrears, placing a lien on their property, or even garnishing wages. It's essential to document all unpaid amounts and consult with a legal professional to explore your options.

Full question:

I bought a house with a boyfriend-we were never married-we have two children in common -I have an order of protection against him- The question is he owes approx. $15,000.00 in child support I live in the house with the children. I want to ask the support court if we can do a security undertaking by attaching a lien to the house. If after the three years of the security undertaking is up and he is still in arrears rather than me having to go to court to remove him from the deed can the house be linked as payment of the support? and his name be ordered to be removed from the deed? His child support already outweighs his portion of the equity in the house. I have been there for three years with the children and he hasn't lived there nor has he paid for any mortgage, maintenance, etc. What can I do without costing me even more money?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: New York

Answer:

You must first go to the divorce court and have any support arrearage or back support reduced to a judgment. Only then can you have a lien put on his interest in the house. You must also be sure that your ex owns the house or has an interest in the house as a tenant in common. If someone other than your ex has an interest in the house or the house is owned as a joint tenancy, the lien may not attach to the house. The Iowa Supreme Court recently ruled that a lien could not attach on a house owned as joint tenancy in the names of an ex-husband and his second wife. For the lien to be enforceable, it had to have attached while only the ex-husband owned the house, because the ex-wife had no judgment against the second wife for child support.

Please see the information and forms at the following links:

http://lawdigest.uslegal.com/family-laws/child-support-and-custody-overview/

http://lawdigest.uslegal.com/family-laws/unmarried-parents/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I put a lien on my ex's property for unpaid child support?

Yes, you can put a lien on your ex's property for unpaid child support, but first, you need to obtain a judgment for the arrears in court. The lien can only attach if your ex has an ownership interest in the property, such as being a tenant in common. If the property is held in joint tenancy, the lien may not attach unless the other owner is also liable for the support. Always consult with a legal professional for specific guidance.

What is a security undertaking for child support?

A security undertaking for child support is a legal arrangement where a lien is placed on a property to secure payment of child support arrears. This means that if the parent fails to pay, the owed amount can be collected through the property. This process typically requires a court order and must comply with state laws regarding property and child support.