Legal Question in Family Law in California
Child Support
My ex husband is currently overdue in his child support payments. I have heard thru a family member that he is in the process of transferring an investment property he owns into a corporation to avoid paying me. She says a corporation would be exempt because the property would then not be in his name. Can he get away with this?? Thank you. Michelle
4 Answers from Attorneys
Reply: Child Support
Obtain and record an "Abstract of Judgment" immediately. In addition, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Child Support
You can still enforce the judgment against his interest in the corporation. File an "abstract of support judgment" that will create a lien on any real estate that he has in the county in which the real estate is located. Enforcement is not a real complex problem, particularly if he has investment property. Contact an attorney who can enforce the judgment without a hearing by execution against bank accounts or personal property. Good Luck, Pat McCrary
Re: Child Support
No. You should seek the assistance of the child support enforcement office. If the transfer is intended just to avoid child support, it can be voided. But, just transferring that property does not alter his support obligation.
Re: Child Support
It doesn't matter if he transfers property. His child support obligations remain the same. If the transfer is to avoid child support, then, it can be voided. To enforce the child support, you should file an OSC re: Contempt for failure to comply with a court order. The transfer of the property is evidence of his "willful" failure to comply with a court order. Please hire a local attorney. Good luck and thanks for inquiring.