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


Asked on 8/03/03, 11:00 am

4 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

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

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Answered on 8/04/03, 10:41 am
PATRICK MCCRARY PATRICK MCCRARY

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

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Answered on 8/04/03, 12:46 pm
Wayne Wisong Wayne Wisong, Attorney at Law

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.

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Answered on 8/03/03, 11:07 am
Dieter Zacher Law Offices of Dieter Zacher

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.

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Answered on 8/03/03, 11:25 am


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