Legal Question in Family Law in New Jersey

Foreclosure, Lien, and child support arrearages

My ex-husband owes nearly $50,000 in child support and spousal support arrears. I have a lien on file in NJ to secure these payments. He is allowing the home to go to foreclosure, but has equity in it. He said he talked to a lawyer who told him that all child support arrears would be paid first, before even the mortgage company. Is this true or what can I expect in terms of payment of the back support?


Asked on 7/13/07, 3:26 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Foreclosure, Lien, and child support arrearages

If there is a foreclosure his equity will probably be lost unless he sells the house. I would suggest that you obtain an order requiring that he list the house for sale to protect your $50,000.00. How can he object when the sale of the house will also protect his equity in same?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/13/07, 4:13 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Foreclosure, Lien, and child support arrearages

Just to add my two cents, why can't you get him arrested? Most people are thrown in jail for non payment of $10,000, let alone $50,000.

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Answered on 7/13/07, 4:40 pm
Robert Davies The Davies Law Firm, P.A.

Re: Foreclosure, Lien, and child support arrearages

I have read what the other attorneys, Gary and Jef have said.

Do not let this sit. Hire a lawyer and take action NOW. If you do nothing, you will likely not get any money.

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Answered on 7/16/07, 11:03 am


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