Full question:
If a Father has a writ served for back child support, can they seize property, etc., even if the items are co-owned by Father & second wife as her name is on property also.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: National
Answer:
It is possible for joint assets to be seized in payment of one owner's debt for back child support. The lien would be effective for the payer's equity interest up to the amount of support arrears. For example, a house titled jointly may be sold and the child support collected out of the proceeds of the sale up to the amount of the debtor's ownership interest in the property.
Married persons can hold property in a special form of concurrent ownership called "tenants by the entireties." The benefit of tenants by the entireties is that a spouse's separate creditors are barred from reaching the property by a legal construct called the "marital unity." The Supreme Court has decided that this long-established rule of law is fine for everyone but the Internal Revenue Service.
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.
