cse refues to release file to title company

[jenjen]

Just sold house, title company is withholding a large amount to pay alledged childsupport, however the dept of revenue for child support enforcement
refuses to release records to title company.

title company baffled as to why child support enforcement refuses to release the file and say they have never encountered such resistance.  

I have a petition before the court that was filed prior to sale of home which a judge would rule  on this alledged debt. after hearing the facts. I am the custodial parent of the minor children and have been for past six years and have not received any child support

 unfortunitly a hearing date on this matter has not been set yet. I dont want any money to be released until a judge hears and makes a ruling on my petition, because if any of the money is released it would be extremely difficult if not impossible to recover money once in the hands of child support enforcement.


1. Could I file a motion to stop the release of these funds until this matter is heard before the court

2. or should I be seeking an order directing the title company to hold funds until further order from the court?

3. any idea how this should be written?

4. should the motion be filed as an emergency motion?

5. how should the motion be titled? (motion to stop release of funds)
(motion ordering the title company to continue to hold funds?) etc..?

 

[MixedBag]

o.k., I'm not an attorney....got that?

Sounds to me like the title company is holding the money like you want them to.

I would file whatever it's called to request a hearing be set to hear your motion that is currently before the court.

It might be as simple as "Motion to Set Hearing"  and then you explain that you submitted a motion on date, other will hopefully had time to respond if required, and now it's time to set a date.

[mistoffolees]

That's all fine, but it might be worth also filing to stop the title company from distributing ANY money without your written consent or a current court order.

If you don't do that, it's possible that the title company would send some money to CPS before your hearing on the case.

[MixedBag]

Please clarify:

"If you don't do that, it's possible that the title company would send some money to the title company before your hearing on the case."

[mistoffolees]

Sorry - I mistyped. It's now corrected.