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Wife_2 · Jan 27, 2012, 04:45 PM

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?

Fr_Chuck · Jan 27, 2012, 04:49 PM

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.

Wife_2 · Jan 27, 2012, 04:58 PM

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

ScottGem · Jan 27, 2012, 05:00 PM

Who is bringing the court action?

Wife_2 · Jan 27, 2012, 05:01 PM

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?

Wife_2 · Jan 27, 2012, 05:02 PM

The ex

Wife_2 · Jan 27, 2012, 05:04 PM

Im sorry, my husbsnds ex has brought the court action

Wife_2 · Jan 27, 2012, 05:06 PM

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

cdad · Jan 27, 2012, 05:30 PM

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?

ScottGem · Jan 27, 2012, 05:38 PM

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.

Wife_2 · Jan 28, 2012, 06:33 AM

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?

ScottGem · Jan 28, 2012, 06:38 AM

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.

Wife_2 · Jan 28, 2012, 07:20 AM

The agency processed the lien,

ScottGem · Jan 28, 2012, 07:22 AM

Originally Posted by Wife_2

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?

Wife_2 · Jan 28, 2012, 07:23 AM

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

Wife_2 · Jan 28, 2012, 07:24 AM

My husband did notify his ex about it

ScottGem · Jan 28, 2012, 05:52 PM

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

Wife_2 · Jan 29, 2012, 07:21 AM

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

Fr_Chuck · Jan 29, 2012, 07:35 AM

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.

ScottGem · Jan 29, 2012, 08:41 AM

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