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Susan_E · Mar 20, 2011, 03:00 PM

I am a US citizen living in NJ. My Ex resides in Kitchener in house with wife #2. Her name is listed as owner on property sale records.
Ex owes alimony arrears totaling +$194,000 US & child support for our special needs son +$40,000 US.
I was wondering if I could have a lien placed on the house since these arrears have been accruing during the past +2yrs.
If so, how would I achieve this being done?

JudyKayTee · Mar 21, 2011, 10:20 AM

Do you have a Judgment against him for the arrears?

Susan_E · Mar 21, 2011, 02:25 PM

Not one but two! (2006 & 2008) so far and a third prepared to file - The judgments have always ruled in our favor. He has ignored all Court orders to pay supports through Probation and since he has stayed out of the USA he had gotten away with it. Until he was stopped in NYC boarding a flight to Paris and had his passport confiscated due to the arrears (until he liquidated a n entire 401K to pay toward the arrears at that time) (9/2009) however that account was not enough to meet the total alimony arrears. But since the Probation seems to only care about the child support arrears, once he paid that portion off he got the passport back and went to Saudi Arabia to a new job!
According to his lawyer, he was paid in cash there.. not a wise move.
However, after 15 months of so - He was terminated this year (February?)because his "papers" were still not "in order". I suspect since he hasn't been paying his US FEd taxes since 2004 that had something to do with it!
So I presume he is back in Canada looking for work.

I bet he also never pays his Canadian taxes either!

ScottGem · Mar 21, 2011, 03:38 PM

Originally Posted by Susan_E

Her name is listed as owner on property sale records.

Sorry, but if he is not listed as an owner of the property, there is nothing you can do.

You should consider yourself lucky you got the money from the 401(k). Unfortunately you married a deadbeat who knows how to play the system. He apparently works at a profession where he can get paid under the table to avoid his responsibilities.

As far as the courts only caring about the arrears, they probably had no choice. I suspect the warrant was only for the child support arrears.

Susan_E · Mar 30, 2011, 02:40 PM

Thanks ScottGem, No his profession is in the Reinsurance field and I just learned he was fired by his last employer in Saudi Arabia -appears he never provided the documents necessary to gain his visa to reside/work there. So while he had been working there over a year, they paid him in cash.
The Court order in NJ stipulates that both the supports (alimony and child) are to be paid through the Office of Probation which is who orchestrated the seizure of his passport Labor Day weekend 2009 due to failure to pay supports. So would that make a difference?
As for the wife's name being on the house document, do they not have 50/50 ownership in Canada?

ScottGem · Mar 30, 2011, 02:58 PM

If his name is listed as an owner then you can file a lien on it. Even if both names are listed. But if only her name is listed you have no recourse since the judgment is against him alone.

AK lawyer · Mar 30, 2011, 03:10 PM

Originally Posted by ScottGem

... But if only her name is listed you have no recourse since the judgment is against him alone.

Probably. A clever Canadian lawyer might be able to make a case, however, that wife #2 holds the house in constructive trust for him, depending on where the payments came from. So it might not hurt to talk to one about it.