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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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Is a one time sale of your primary residence where those

Customer Question

Is a one time sale of your primary residence where those monies (approx. 80k) were used to buy another home subject to child support in California? Is there any case law on this? Any help is GREATLY appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Proceeds from the sale of real property are collected through liens filed against parents who owe past due child support. So, if there was a child support lien on the property at the time it was sold, then the issue of reinvesting the proceeds into another home would not arise.

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Customer: replied 1 year ago.
There was no child support lien. My ex-husband owes me child support and is now trying to say he deserves a credit off a home I bought and sold over 10 years ago after our divorce where I made around 80k. His attorney won't stop saying I'm a criminal for not reporting this income to the court and that those monies need to be included in the child support calculation I need a case to cite. Is there a case in California that supports my position?
Expert:  Maverick replied 1 year ago.

Thank you for the clarification. Under most circumstances, equity in a parent’s residence is not considered income. It will take me some additional time to locate the CA cases on this but if I recall correctly decisions on this issue came out in 2005-07 time frame. I will send an offer of additional service to you for your consideration just in case you decide you want me to find that case law.