Legal Question in Family Law in California

Re: Child Support. Lien filed

You should get a copy of the deed to this property and then review that and the lien with an attorney. This will provide information which will help you make a decision on which course of action you should take.

Re: Child Support. Lien filed

First, I recommend you also submit this question under the bankrupcy category as the lien may be avoidable as a judgment lien in bankruptcy, although support arrears are never dischargeable; meaning if it were discharged, you could just re-record it after the bankruptcy discharge is granted unless the property is turned over to the trustee in bankruptcy to pay the debts of the estate (i.e.taxes)--but as support is a priority debt you would get paid out of the proceeds before other debtors (except the tax people get paid first).

There are two avenues of recourse--1. You just wait until they try to sell the property or get it refinanced. They either pay you or do not refi or sell(this is the avenue almost everyone chooses because it costs nothing and you do not run the risk of forcing them into bankruptcy) 2. You could do a judicial foreclosure, which I have never heard of anyone doing, and which will cost you several thousands of dollars in attorney fees.

You also might want to consider a wage assignment or attaching his bank account if you do not want to wait 20 years until the property is sold.