Legal Question in Family Law in California

Child support Arrears from spouse with Huge Fed tax lein

My spouse (legally separated) owes nearly one million dollars in child support (ex pro athlete with a gambling problem, you do the math)...His pension matures in December 2008 when he turns 45. He owes $400,000 Federally and its also on my credit report (i am pursuing an innocent spouse relief). Does the Federal gov get the money first when he goes to pay me out, or am i in first position?


Asked on 8/07/08, 2:55 am

2 Answers from Attorneys
Cliff Capdevielle Cliff Capdevielle

Re: Child support Arrears from spouse with Huge Fed tax lein

Federal tax levies in effect before receipt of an order withhold child support have priority.

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Answered on 8/07/08, 9:53 am
Joshua Hale Hale Law Group

Re: Child support Arrears from spouse with Huge Fed tax lein

While this previous opinion is true in essence, your ex-spouse's pension may be sufficient to cover both. You may be able to protect your interests in other ways as well. If you want to pursue this you should consult an experienced family law attorney.

I am happy to discuss this further if you would like. Please call my office at your earliest convenience.

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Answered on 8/07/08, 12:06 pm


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