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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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My ex wife filed a child support judgment/lien against

Customer Question

Hi
My ex wife filed a child support judgment/lien against against my home while I was in prison. When I was let out, I paid my child support for the next 5 years and also sent $100 a month off judgment to keep interest from building up, My daughter now is 21 and I have no more child support payments,, can my ex wife take me to court to force me to pay off judgment if I stop sending any money towards judgment?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.
Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
Since she has a lien on the home, the lien will remain until your child is no longer entitled to support AND UNTIL you’ve paid all the arrears.
With that lien, the mom can force the sale of your property or wait until the property is sold or refinanced and then get the money that’s owed.
SO, if you stop sending money, she can take you to court for the purpose of foreclosing on your home to enforce the judgment.
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Customer: replied 1 year ago.

Hi

I am no expert, but I have been around of a lot of friends and family that have had liens put on their home,s,, I never once herd of any one being able to force a sale of a home to satisfy a lien, no disrespect, I do not think this is your field of experties.

Expert:  Maverick replied 1 year ago.
http://www.nolo.com/legal-encyclopedia/property-liens-unpaid-child-support.html
You do not have to take my word for it. You can read more about it at the link above which should confirm exactly what I am telling you. This happens almost on a daily basis all over the USA.
Customer: replied 1 year ago.

I have looked at the link, but I am joint custody, She does not have custody rights more than me.

Expert:  Maverick replied 1 year ago.
If you have joint legal custody, it does not mean you also have joint physical custody.
It appears that your ex-wife was give primary physical custody otherwise you would not have owed child support at all. Child support is paid by the non-custodial parent [you] because the child is primarily living with the custodial parent [your ex-wife].
Joint legal custody only means that you have the right to participate in how your child is brought up, which doctors he/she goes to, what religion the child adopts, what schools they go to, etc...

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