My husband ha received a notice to go to court to change his child support, he has not been late, his arrear is included with his child support. This was agreed to by ex and court documents. Today a notice of lien had been processed, is this legal . Please note, he has paid his child support on time. His son is 18, still in school, just recently moved back in with his mother. Daughter now 17, moved in with boyfriend. Son lived with us for a year, countinued child support, his ex was willing to give up custody to other people at 17, my husband stopped that. Couldn't get him to move bsck, he lived with friends. Well?

Unless he went to court to modify and change the child support order, it does not matter who the child lives with( even him) he owes the support as ordered.

If there is back support, is the payment for back court ordered, ** did the court set how much to pay on back payment? And has he always paid it as ordered.

But the lien on the property merely keeps it from being sold, without the support to be paid off.

The court isn't schedule till April, and he pays the child support with scheduled pmts agreed to in las child support court. He has always paid his order. His bank acct is where the lien was processed

Who is bringing the court action?

Your telling me that if the children are being raised by someone else, she can continue to get the child support? I do know the arrear is owed, shouldn't the child support be for the children?

The ex

Im sorry, my husbsnds ex has brought the court action

Can one arrange to send the children the child support instead of his ex, although thrpe arear goes to her?

So long as child support is owed then they can place a lien. What Im not sure about is why they are placing a lien on a bank account if he is paying as agreed.

As far as who the child support should go to. That is a question for the courts. Do you have proof of what your saying?

So if his ex is bringing the action, then your husband goes to court with proof that one child was living with you for a year and the other is no longer living with the mother. So this could backfire on her.

My husband had his work place garnish his child support voluntary, he had a job that paid weekly. His check was garnished weekly and mailed out weekly. Now he gets paid monthly, changed employment. Had his new employer to continue garnishment. Could this cause the bank lien?

Were the payments going to an agency or direct to the mother? The agency could have done the lien if they were used to weekly payments and they stopped.

The agency processed the lien,

The agency processed the lien,

Ok, So did he give them prior notice that he was changing jobs and that payments would be sent monthly instead of weekly?

How could they when the child support was sent and my husband voluntarely had it garnished

My husband did notify his ex about it

But did he notify the agency that was collecting the support? That's who he needed to notify.

No, he never did, I don't recall he has called at any time

Thus the issue, for the agency, the money just stopped coming, they did not know why and assumed he had either just lost his job or decided not to pay any longer. So they did what their automatic procedures asked for.

And it may also explain why the ex is seeking a modification thinking the job change means more income.

Ok, is there anything he can do to cancel the lien? He is going to the child support office, will he be able to change the out come. Daughter will be going with him to verify she no longer lives with her, will that help?

His son emancipated his self per my husbands legal advisor. The amount they placed a lien is 4 times more than monthly child suppor. How do they figure the amount?

He needs to go to the child support office and apologize for not informing them of the change in status. He can tell them that he thought his ex was going to do it. Bringing the daughter will probably not help there. He should bring a statement from his employer that they will be forwarding the amount monthly. If possible with an estimate of what the amount would be. They may, however, require a court order to make any modification.

When he goes to court for the support modification, then he brings the daughter and proof of the son's emancipation. This will be used to modify future payments.

He had gotten legal advice to take his daughter to verify that she didn't live with he mother, but with boyfriend. This was to avoid legal cost.

I don't know who gave you this advice, but I don't agree with it. The agency is charged with enforcing a court order. Until the court order is changed they can't do anything about it. They won't care whether the ex was entitled to the support or not. They will just tell you to go to court to change the order. So I don't understand what bringing the daughter will accomplish.

Thank you