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Can a lien be placed on a property that belongs to a debtors child?
Wiki User
∙ 12y ago
I assume you mean a debtor who has had a judgment and a judgment lien entered against him.
In this scenario, there would be certain situations wherein the judgment lien debtor's child interests could be affected, although no true legal liability would attach to the debtor's child's interests. However, these would only extend to property owned in some way jointly with the debtor himself or herself.
Assuming you refer to real property, if a debtor and the debtor's child were to own real property in a joint tenancy with right of survivorship, such a judgment lien could attach to and encumber the property. This is similarly true with a tenancy in common.
If possible, the lien would only encumber the real property to the extent of the debtor's property interest. And, if at all possible, any kind of equitable partition that could be ordered by the court would be ordered upon motion, to sever the debtor's child's property interest from the encumbrance.
Since partition is often not practical, a lien against the debtor as joint owner could adversely affect--practically but not legally--the debtor's child's property interests. This could extend to foreclosure of the lien; however, the court could be moved in several ways to facilitate preservation of the debtor's child's property interests to the greatest extent possible.
Wiki User
∙ 12y ago
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If both parents die and a child is on the deed to their property does the child have to pay inheritance tax on this property?
No. If you owned the property in a joint tenancy with the right of survivorship their interest in the property "disappeared" at death and the property belongs to you alone.
Can you force a father to sale land if he is behind on his child support?
Generally, a lien is placed on the property.
If the daughter gets pregnant is her father ordered to pay child support on her child?
No. The father of the pregnant daughter has no legal obligation to support her child. That responsibility belongs to the biological father of the unborn child assuming that the pregnancy is not terminated nor the child placed for adoption or parental rights terminated by the court.
Why shouldn't real estate be put in a child's name?
The main reason is that once the property is transferred to the child it becomes their property. That complicates the title since the child cannot execute a deed to transfer the property out of their name. If the property needs to be sold the court would require the appointment of a guardian who would need to petition for a license to sell the property. The court would review the reason for the sale and make certain the selling price is in the best interest of the child. If the license is granted the proceeds of the sale would be placed in trust for the child.
Can a parent who under federal custody property be used to pay back child support?
Liquid assets (bank accounts, etc.) can be seized for unpaid support. Liens can be placed on real property.
Can the government file a lien against a home included in a Will that is being passed to someone who owes back child support?
Following due process, a lien can be placed against property. How they got that property does not matter.
You can say that a child belongs to its parents but in what way do parents own their child?
I can think of one way: Ownership equals responsibility. If you own a dog that bites your neighbor, you are responsible for their medical bills. If you own a car and someone drives it and wrecks it, you are responsible for damages. Similarly, if your child breaks the law or damages property, you are responsible for making sure the damage gets paid for and making sure your child makes it to court or community service requirements. Because the child belongs to you, you are responsible for his/her actions.
What is a child's liability for a window broken accidentally?
The liability belongs to the parents. The child is a minor.
My current home is in my wife's name. Can a lien be placed on property by my ex-wife if I owe child support arrearages in MN?
Your current wife is not responsible for your children by your ex-wife.
Is a child's property also property of their parents?
yes
Can minors own property in Florida?
A guardian must be appointed by the court to manage any property owned by a minor. The guardian would manage the property under the supervision of the court. If the guardian wanted to sell the property, the sale would need court approval and the proceeds would be placed in trust for the child. The child could take over management of the property or proceeds at the age of eighteen.
Can a lien be placed on the non custodial parent's car for back child support?
Yes. The custodial parent and/or if involved state child support enforcement agency can sue for child support arrearages. If a judgment is granted it can be executed as a lien against the non custodial parents vehicle or other property.
