Abstract of Judgment

[justwonderingdd]

Hi Soc,

I am the NCP.  My case is in California.

Went to court on a modification.  My ex - the CP - requested arrearages based on non-guideline judgment.  The case went to court and the judge ruled against me and made a determination of arrearages.

Enforcement is being handled by our local child support services agency.  Prior to a judicial determination of arrearages my ex filed an abstract of judgment with the county recorder's office resulting in a lien being placed against my real property.

My question:

All enforcement is being done by the county.  It is my understanding that filing a lien is an enforcement action.  Can my ex legally file a lien naming herself as the grantee?

Thanks!

[socrateaser]

>My question:
>
>All enforcement is being done by the county.  It is my
>understanding that filing a lien is an enforcement action.
>Can my ex legally file a lien naming herself as the grantee?

If your ex is named in a prior deed as a grantee, then she can lawfully grant a lien to herself. However, I don't know what benefit this would achieve, since she alreadys is on title.

Maybe I'm not understanding your facts.

[justwonderingdd]

>>My question:
>>
>>All enforcement is being done by the county.  It is my
>>understanding that filing a lien is an enforcement action.
>>Can my ex legally file a lien naming herself as the grantee?
>
>If your ex is named in a prior deed as a grantee, then she can
>lawfully grant a lien to herself. However, I don't know what
>benefit this would achieve, since she alreadys is on title.
>
>Maybe I'm not understanding your facts.

oops, sorry, I'll clarify.  Here are the facts:

My ex wife and I were divorced over 10 years ago. I live in California. She lives out of state.

Our local child support agency is doing enforcement.

Earlier this year a judge ruled that a prior child support modification was below guideline and ruled that as a result I will owe arrearages dating back five years.

After that occured my ex wife filed an Abstract of Judgment in the county where I live, the effect of which places a lien against my house.  

It is an abstract of judgment showing a child support order has been entered in this case and is not for any sum certain.  

This house is my sole property that I purchased several years after our divorce.  She is not now nor has she ever been on the title.  

A couple of months after she filed the lien with the county the court made a judicial determination of arrearages.  

The county child support agency also has an abstract of judgment filed.  In that abstract I am listed as the grantor and the county support agency is listed as the grantee.

She filed this one on her own.  I am listed as the grantor and she is listed as the grantee.

Effectively there are now 2 abstracts on file for the same judgment.

Therefore, once I finish paying arrearages and am through with my child support obligation in 1 year I will be stuck with 2 liens to clear.

I'm not worried about the child support agency clearing it but our relationship is extremely acrimonious and she'd never voluntarily release it.


My question is this:  

Since she turned this case over to our local child support agency many years ago for enforcement, and since it is my understanding that filing a lien with the county is an enforcement action, was she within her legal rights to file a second abstract of judgment on this action?

[socrateaser]

>Earlier this year a judge ruled that a prior child support
>modification was below guideline and ruled that as a result I
>will owe arrearages dating back five years.

That's interesting. It also violates federal law. Too bad you didn't know that at the time. Now it's too late to appeal the decision.

>This house is my sole property that I purchased several years
>after our divorce.  She is not now nor has she ever been on
>the title.  

>My question is this:  
>
>Since she turned this case over to our local child support
>agency many years ago for enforcement, and since it is my
>understanding that filing a lien with the county is an
>enforcement action, was she within her legal rights to file a
>second abstract of judgment on this action?

The second lien is unlawful. A party cannot have two recoveries for the same judgment. If the judgment was obtained by the state, then the state is the creditor and is entitled to the lien. If the judgment was obtained by the other parent, the the other parent is the judgment creditor and the state has no right to the lien.

However, it's really a moot point until you have satisfied the judgment, because until then you'll still have at least one lien on the property. And, when the arrears is satisfied, then you can send a demand notice to both the state and the other party to file a satisfaction of lien or risk paying your attorney fees to have the court order the lien satisfied.

[notnew]

I'm going in for a child support modification hearing next month. This is the result of a bid to change custody in which I was not successful. At the tail end of the last hearing, CS came up and the judge asked me "do you want me to raise or lower it". I was dumbfounded because I just want it to be right and told him so. He said well you may not want me make the decision. I was pro se until then. I thought an attorney may better represent my interests in getting CS figured since my ex has not been working for almost a year now and the judge stated he would compute her income at minimum wage (was at least $15/hr prior).

I am not holding much hope in the attorney at this time since he has done nothing so far that he said he would (getting her work records to impute her income ability, etc). I have actually gathered more financial information based on what is available to the public then he has (ex refinanced house and paid a judgement against her that was a result of a fender bender all while unemployed!).  I really just want to get this over with as I am done battling with courts that proceed with blinders.

My question is: Your answer to the child support arrearages for the past five years violating federal law piqued my interest. I want to make sure I don't get screwed and was wondering if there are things like this I should be keeping my ears open for that could indicate something fishy?

[socrateaser]

>My question is: Your answer to the child support arrearages
>for the past five years violating federal law piqued my
>interest. I want to make sure I don't get screwed and was
>wondering if there are things like this I should be keeping my
>ears open for that could indicate something fishy?

Your question is too broad. Your best protection is to have a lawyer you trust (trust being a relative thing). If you don't trust your attorney, then you need a different attorney.

[mistoffolees]

>>Earlier this year a judge ruled that a prior child support
>>modification was below guideline and ruled that as a result
>I
>>will owe arrearages dating back five years.
>
>That's interesting. It also violates federal law. Too bad you
>didn't know that at the time. Now it's too late to appeal the
>decision.

Can you explain why this violates Federal law? It might help in case I ever find myself in a similar situation.

Thanks.