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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114807
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I'm still collecting child support arrearage from the non-custodial

Customer Question

I'm still collecting child support arrearage from the non-custodial parent. My child is 33 yrs. old. The custodial parent is 67 and on social security...I'm receiving appx $132 a month on a $35,000 debt. He is married,has a home but unfortunately has recently been hospitalized due to being a diabetic on dialysis. Can I put a lien on the home in the event the non-custodial parent passes? I have an active case with the state of Illinois which is where the divorce took place and through which the child support is being collected. For a period of time my ex left the state, to live in Texas and dodge child support. Then I located him through a company which deals in collecting arrearages and was able to find where he worked and started getting my support until he stopped working and moved back to Illinois.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to return to court and file a motion for order to show cause for contempt of court and ask the court to issue a judgment lien on the home, which you can indeed do. You would need to get a court judgment though to place the lien on his home. Once you put the lien on his home if he dies then you can sue to foreclose on the lien meaning they have to pay you or you get the home to sell.