I have been divorced from my husband for over 20 years now, I have sole and legal custody of our son, my son is now 28 years old and is handicapp. My question is he owes me and the state of mass over 30,000 dollars and has been paying into it for the past 3 years now, my question is he lives in California and has a business of his own do I have any legal recourse in trying to get my past due child support with a lien on his business and if so how do I go about doing this
State/Country relating to question: Massachusetts
Thank you for the opportunity to answer your question and thank you for requesting me. I am sending this answer to you only a few minutes after you submitted your question.The easiest way to enforce a child support order is to seek the assistance of the Massachusetts Department of Revenue's Child Support Enforcement Division. The Department can assist with contempt proceedings and with the collection process. Through contempt, a nonpaying parent can be sanctioned, potentially including jail time, to compel the parent to comply with the court's orders. Further, judgment liens, a bank levy, or wage garnishment can be useful in recovering unpaid funds. Now, that said, if there are not considerable assets, it may take time to recover money through garnishment. However, if there are significant assets in a bank account, a bank levy can be helpful. Alternatively, if there are significant assets, a judgment lien can issue and that can ultimately be used to force a parent to sell assets so to compensate the other parent for unpaid child support.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).