My husband and I live in Idaho. He owes back child support in CA (his kids are grown). He has a lien against him. He recently negotiated a pay off with his ex-wife to settle and close the case. He is going to CA next week to pay her and have her close the case at the child support office. We are nervous that the lien won't be released 1)because we aren't paying the full amount and 2)They might have some reason why they can't sign it off. I found blank "Lein Release" forms for CA on the internet and he will take them with him, but I am still worried that we might be missing something important in the process. Should we be worried?

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Originally Posted by dawnabarber

My husband and I live in Idaho. He owes back child support in CA (his kids are grown). He has a lien against him. He recently negotiated a pay off with his ex-wife to settle and close the case. He is going to CA next week to pay her and have her close the case at the child support office. We are nervous that the lien won't be released 1)because we aren't paying the full amount and 2)They might have some reason why they can't sign it off. I found blank "Lein Release" forms for CA on the internet and he will take them with him, but I am still worried that we might be missing something important in the process. Should we be worried?

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Yes. Your husband's exwife can agree to dye her hair purple; unless the judge authorizes the settlement amount, child support isn't required to accept any less than what's been ordered and they are under no obligation to release the lien until the full ordered amount has been paid.

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Originally Posted by this8384

Yes. Your husband's exwife can agree to dye her hair purple; unless the judge authorizes the settlement amount, child support isn't required to accept any less than what's been ordered and they are under no obligation to release the lien until the full ordered amount has been paid.

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Actually that statement isn't quite true. The child support is owed to the custodial parent. So if a settlement is reached between the 2 parties then the courts aren't even involved except to the extent that the balance is now ZERO. The support collection agency can remove the lien once it reachs ZERO dollars as there is nothing more to collect.

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Originally Posted by califdadof3

Actually that statement isnt quite true. The child support is owed to the custodial parent. So if a settlement is reached between the 2 parties then the courts arent even involved except to the extent that the balance is now ZERO. The support collection agency can remove the lien once it reachs ZERO dollars as there is nothing more to collect.

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... IF the mother has not received any type of state assistance. If the state is seeking to collect in order to reimburse the state for benefits paid to the mother, then the mother has no authority to agree to a lesser amount.

And yes, the courts have to be involved. If the mother says, "Sure, I'll only accept $300/month instead of $500/month" and that change is never recorded in the courts, then the father will keep paying $500/month.

A lien is an encumbrance placed on real property to prevent its transfer until the lien is satisfied. You can't place a line against a person, only an asset.

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Originally Posted by this8384

...IF the mother has not received any type of state assistance. If the state is seeking to collect in order to reimburse the state for benefits paid to the mother, then the mother has no authority to agree to a lesser amount.

And yes, the courts have to be involved. If the mother says, "Sure, I'll only accept $300/month instead of $500/month" and that change is never recorded in the courts, then the father will keep paying $500/month.

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The OP's question was about settlement of Back Child Support. So if the state has an interest as in recovery of benefits then that is the only time for them to step into the agreement. And yes the state has been settling accounts for lesser amounts lately.

California is on of the few states that charges interest in arrears (something they do outside the law) and appear to treat it different then the tax codes would suggest. It's a big controversy right now. As they are charging 10% interest. So in California child support can be a personal lottery. Its sad for everyone involved except those that are collecting it.

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Originally Posted by califdadof3

The OP's question was about settlement of Back Child Support. So if the state has an interest as in recovery of benefits then that is the only time for them to step into the agreement. And yes the state has been settling accounts for lesser amounts lately.

California is on of the few states that charges interest in arrears (something they do outside the law) and appear to treat it different then the tax codes would suggest. Its a big controversy right now. As they are charging 10% interest. So in California child support can be a personal lottery. Its sad for everyone involved except those that are collecting it.

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The state placed a lien against the OP's husband's property - I'm quite confident they have an interest in collecting.

My brother-in-law's exwife owes him quite a bit of money in back child support and they have yet to do anything to her - they haven't suspended her license, jailed her for contempt. Nothing. So much for being fair and unbiased against a party based on sex, eh?

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Originally Posted by this8384

The state placed a lien against the OP's husband's property - I'm quite confident they have an interest in collecting.

My brother-in-law's exwife owes him quite a bit of money in back child support and they have yet to do anything to her - they haven't suspended her license, jailed her for contempt. Nothing. So much for being fair and unbiased against a party based on sex, eh?

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It's a very awkward situation. It sems that for some they chase after like devil hounds and others are treated like new born puppies. The entire system needs to be changed so at least its evened up across the board and not this dart board mentality for collection and payment purposes.

And BTW if the agency is doing the collections they are the ones that would place the lien but it doesn't mean that the money is owed directly to the state.

Yes, unless and until this settlement has been reviewed and approved by the court, I am not sure it will release any lien or cover any judgement