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  1. #1

    Default Putting Lein on Estate for Child Support

    My question involves estate proceedings in the state of: michigan
    Hello, my childrens mother owes me around 40k in child support.
    Recently her mom had a massive stroke, she is in a coma at the hospital. Things arent looking good for her.
    She has 2 houses that are free and clear which will be passed to my ex wife.
    Since my ex owes me 40k can i put a lein on that property and how do i go about doing that?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,431

    Default Re: Putting Lein on Estate for Child Support

    The easiest way is to hire an attorney to handle it for you. But you can do it yourself if you go to Michigan self-help court website.

    Do you have a judgment from some state agency or are you using your own numbers of what you think she owes?

  3. #3

    Default Re: Putting Lein on Estate for Child Support

    Its 400 a month for the last 9 years. And its not that she cant work, its that she wont because she doesnt want to pay support. Honestly. Shes a nurse who refuses to work.
    Im wondering also if i can put all proceeds of the estate in a trust for my kids since its demonstrated she has no intention of paying future support payments?

  4. #4

    Default Re: Putting Lein on Estate for Child Support

    No you cannot "lien" grandma's property. It isn't grandma's obligation.

    What you can do is to have your claim for delinquent support reduced to or confirmed as a money judgment. * Then any assets due and payable to your ex would be subject to levy of execution/garnishment in satisfaction of the judgment. Such assets would include any held by the administrator of grandma's estate subject to being distributed to your judgment debtor.

    Also you would want to register your judgment in the manner required by your state laws to serve as a judgment lien on any real property then presently owned by the ex or that subsequently acquired.

    [*] Just don't confuse the current court order for payment of child support as the "judgment" required for the above purposes.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,625

    Default Re: Putting Lein on Estate for Child Support

    Quote Quoting latigo
    View Post
    No you cannot "lien" grandma's property. It isn't grandma's obligation.

    What you can do is to have your claim for delinquent support reduced to or confirmed as a money judgment. * Then any assets due and payable to your ex would be subject to levy of execution/garnishment in satisfaction of the judgment. Such assets would include any held by the administrator of grandma's estate subject to being distributed to your judgment debtor.

    Also you would want to register your judgment in the manner required by your state laws to serve as a judgment lien on any real property then presently owned by the ex or that subsequently acquired.

    [*] Just don't confuse the current court order for payment of child support as the "judgment" required for the above purposes.
    Some of those steps might not be necessary if the support order went through the state CSE. The state CSE might be able to levy an inheritance on their own. However, someone would need to inform them of the inheritance.

  6. #6

    Default Re: Putting Lein on Estate for Child Support

    Quote Quoting llworking
    View Post
    Some of those steps might not be necessary if the support order went through the state CSE. The state CSE might be able to levy an inheritance on their own. However, someone would need to inform them of the inheritance.
    Perhaps you overlooked:
    Quote Quoting Chickenman;
    My children's mother owes me. . . .

  7. #7
    Join Date
    Oct 2006
    Posts
    15,625

    Default Re: Putting Lein on Estate for Child Support

    Quote Quoting latigo
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    Perhaps you overlooked:


    I didn't overlook anything. You are singularly uninformed about how the child support system works.

  8. #8
    Join Date
    Jul 2018
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    1,666

    Default Re: Putting Lein on Estate for Child Support

    Quote Quoting Chickenman0710
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    She has 2 houses that are free and clear which will be passed to my ex wife.
    How do you know? Do you have copies of your children's mother's mother's will and/or trust, and do you have certainty that she hasn't changed them?


    Quote Quoting Chickenman0710
    View Post
    Since my ex owes me 40k can i put a lein on that property and how do i go about doing that?
    No, you cannot legally lien your children's mother's mother's property. Once she dies, you may be able to place a lien in the probate case against your children's mother's potential inheritance. You'll need a local attorney to assist you with that.

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