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msu2521 · Mar 2, 2007, 09:39 AM

Hi,
My daughters father has a fairly large sum in back child support and is most likely going to lose his house to foreclosure. He had some cement work done, claims he paid for it, but the guy who did the work is suing him and has put a lien on the house. Would it be in my best interest to also put a lien on the house with the possibility of losing it to the bank? We have a fairly good relationship and I really don't want him to lose the house, mostly for my daughters sake, but I feel this would be the opportunity to take if I was ever going to see the rest of the back child support in my lifetime to help w/our daughters college.

Any advide would be appreciated.
Thanks

excon · Mar 2, 2007, 09:50 AM

Hello msu:

I don't know how easy it is to place a lien in your state. I don't know if you have a judgment for back child support, or a court order, or what your status is.

However, if you ARE able to place your lien, you'll be third in line behind the bank, and the cement contractor. Since, as you say, the house is about to be foreclosed upon, it would be my guess that he has very little, if any, equity. Consequently, you wouldn't get a dime.

Of course, you know the numbers - I don't. I'm only extrapolating from your question. Certainly, if there's enough left over (after the bank and the cement dude have taken their share), to send your daughter to college, then you'd best get to placing that lien. However, if there IS that much equity, he could refinance, stave off foreclosure, and pay his back child support. He's not doing that, so I suspect he can't.

excon

msu2521 · Mar 2, 2007, 10:02 AM

Originally Posted by msu2521

Hi,
My daughters father has a fairly large sum in back child support and is most likely going to lose his house to forclosure. He had some cement work done, claims he paid for it, but the guy who did the work is suing him and has put a lien on the house. Would it be in my best interest to also put a lien on the house with the possiblility of losing it to the bank? We have a fairly good relationship and I really don't want him to lose the house, mostly for my daughters sake, but I feel this would be the opportunity to take if I was ever going to see the rest of the back child support in my lifetime to help w/our daughters college.

Any advide would be appreciated.
Thanks

Thank you excon. I live in MI and I guess it would be a court order for the back support, since part of his regular child support payment goes toward the back support when he does pay. My daughter is only 7, so college is in the future, but it would be nice to have that in an IRA. There would be some equity in the house, I'm not sure of how much. I didn't know if child support would take precedent over the cement guy. He can't refi, that I know of. Being a carpenter himself and getting screwed out of money like he does, he should know that you can't trust anyone when having work done. He had to use money that was for the house pymts to get a lawyer for the lawsuit the cement contractor file.

I'm a first timer so sorry if I was vague about anything.

excon · Mar 2, 2007, 10:09 AM

Originally Posted by msu2521

I'm a first timer so sorry if I was vague about anything.

Hello again, msu:

Don't you worry, Young Lady. You be as vague as you need to be. We'll figure out what’s going on. That's what we're here for.

Sorry about the money. But she's got a dad, and you're hanging in with that. Dad's are more important than college anyway. Least I think so.

excon

msu2521 · Mar 2, 2007, 10:22 AM

Yes, but without being over 10K in arrers, the next step is jail for him or drivers license suspension. Which I don't think is a fair thing to take from people who are attempting to pay, but that's our lovely Governor... While he has good intentions with trying to find work, he has an issue working for someone other than himself so in one sense I don't feel sorry for him but for my daughter.