Full question:
I am in the process of selling my home, at a loss, because of the housing market. My 1st ex-wife says she is putting a lien on the house because of back child support owed. I will not profit from the sale, can she stop the sale by placing the lien? What recourse do I have? The sale will close (hopefully) in 21 days.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Wyoming
Answer:
In Wyoming, child support obligations typically do not impede the sale of a home. A lien for back child support, while it can be placed on your property, does not generally stop the sale. The mortgage lender has priority over other creditors, meaning they will be paid first from the sale proceeds. Any remaining funds after the mortgage is paid may go towards satisfying the child support obligation.
Generally, child support enforcement actions, such as liens, are directed at the individual responsible for the support (the obligor), not their property. Therefore, while your ex-wife can place a lien on the house, it should not legally prevent the sale from proceeding.
However, if the sale closes and there are proceeds left, those funds may be redirected to satisfy the child support debt. It's advisable to consult with a local attorney to discuss your specific situation and any potential recourse you may have.
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.