I'm 31 years old, my mother and father divorced when I was 2. He was ordered to pay child support and never paid a dime. Some years ago my mother contacted a third party child support enforcement agency who was tasked with digging up some dirt and trying to collect. They found he owed something like $85k in back support. He didn't have a job but owns a home. They couldn't collect so I think they dropped the case, however a lien may have been issued on the home. Fast forward to today - My mother is ill and wants to create a trust naming me as the beneficiary & plans to put her home and assets into it. Does this $85k in back owed child support, or the lien on my fathers home, go into the trust? And on the other side of the coin, can he avoid the lien by placing his home into his own trust
Family Law Attorney
If there's any question whether an "abstract of support judgment" was recorded in the County where Dad's house is, Mom needs to take steps to make sure it happened, including doing it over again if necessary. Dad will have a hard time avoiding the support lien IF it was recorded BEFORE he begins fooling around with a trust.
Divorce / Separation Lawyer
It doesn’t sound as if you know whether or not a lien was placed in your father’s real property. An attorney has to see the lien to ascertain the full nature and extent of the same. It is crucial that you immediately have title, have liens on the property checked and get a copy of the lien. If the lien is in your mother’s name she could convey it into her trust. If it is not on her name additional actions would need to be taken since she would be the rightful owner of the proceeds less any claims the county has against her if she had any public assistance. To have a summary and smooth resolution you will need to bring this matter to the attention of an attorney in your area.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.