Legal Question in Family Law in New York
Property lien - child support judgement
Hi - my wife's ex-husband had a judgement placed on him for approx. $24,000 last November. He lives in a house in Chenango County that is paid in full, but owned in his new wife's name.I believe the house was purchased before they became married. Can a lien still be placed on the house? He owes over $40,000 between NY and NJ, and this might be our only option. Thanks for your help!!!!
1 Answer from Attorneys
Re: Property lien - child support judgement
No. You cannot put a lien on property that is not in the name of the specific person for whom a judgment or obligation is owed to you.
However, you can seek enforcement of a judgment against a person who may have attempted to hide or sequester their property, assets and resources with another, to avoid your judgment. If the COURT finds that another person is holding or is acting as a "trustee of the judgment Debtor's assets, to avoid collection, then the COURT CAN EXCERCISE enforcement remedies against the "trustee" or the "judgment debtor's assets, held by a third party.
Good luck,
Phroska L. McAlister,ESQ
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