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Joined: Jan 2003
Posts: 64
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OP
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Joined: Jan 2003
Posts: 64 |
I need a little help. H received a letter from the child support enforcement unit. h is behind on cs but they are taking current and past due cs from his wages. The letter is a notice of Lien. Do anyone now what this means? Will a lien be placed on the house? What about the car we are buying for our daughter? What are the car that we own? What do they put a lien on? I just don't know what to do. We can't afford a lawyer this time.
When I think I have made it one day without crying, something from CS unit comes in the mail.
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Joined: Nov 2001
Posts: 93
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Joined: Nov 2001
Posts: 93 |
Its probably on the house, this guarantees them that if you sell they can get the money owed before you take any of the money out of the house sale. i am not sure but i think it also effects if you want to refinance, the lender would have you pay of any liens before being able to refinance. other wise if you arent doing either, i dont think it will effect you until that day comes when you need to do one or the other.
<small>[ November 23, 2003, 09:23 AM: Message edited by: full house ]</small>
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Joined: Jul 2003
Posts: 411
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Joined: Jul 2003
Posts: 411 |
Could it be for future tax returns?
i know for 2 yrs they took our tax returns so H would be caught up.
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Joined: Jan 2001
Posts: 338
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Joined: Jan 2001
Posts: 338 |
Check with a lawyer.
They cannot put a lien on YOUR property. If the house is in both your names it will be very difficult for them to attach a lien to it. They have to divide the value.
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Joined: Oct 2003
Posts: 1,536
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Joined: Oct 2003
Posts: 1,536 |
call the CS agency. If they are already garnishing H wages then most likely this is just a letter letting you know what they CAN do in the future IF they want/feel like it. If he is currently paying they will probably leave you alone or just take your tax refund, if anything. They usually save those tactics for men who are not paying anything @ all.
BTW if you think they will attach your tax refunds you can file an "injured/innocent spouse claim" w/ your tax return and then you will at least get your 1/2 of the return. This will delay your return for a few weeks to a couple of months though. This works for Fed returns and won't matter for state returns if you live in a "community property state" (like CA), they can take your 1/2 too in those states.
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Joined: Oct 2001
Posts: 1,094
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Joined: Oct 2001
Posts: 1,094 |
it may depend on who your attorney or where you live. in our case the d.a. placed a lien on om's hiuse right away for his arrearages. BUT as fh stated this is only effective if om tries to sell his house or continues to acrue arrearages.
it is probably the best way to keep some bio dads from selling their house and running to another local.
in the case of continually growing arrearages i would imagine that at some point you could legally force a foreclosure. BUT again i would suspect that the amount would have to be very substantial and the bio dad would have had to make little or no effort to comply with his court order for cs.
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Joined: Jan 2003
Posts: 64
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Joined: Jan 2003
Posts: 64 |
Thanks everyone for your feedback. I guess I will have to call a lawyer. I just hate that I did not do anything wrong, and my life is upside down, and I just don't know how to fix it.
I have been married 20 years, but been with him for 29 years and this is what I get. I have been upset all weekend over this and just don't know what to do. This has be in worst 11 months of my life
Talk to you all later.
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