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My husband owes back child support... We were thinking of buying a house. If we get the loan in both our names (to have both incomes considered), but only place my name on the title (if that's possible), can his "baby momma" take a lien out on our house? Or should I just put both the lien and title in my name?
I've been married for 5 years, and he's a good husband. He had a lot of drama with his baby's mother when they split 7 years ago. She thought it was short term, but was upset when he started dating. So she left the state with the child. He was paying child support at the time when she left. He said he went to the court house then and filed out paperwork (that she signed as well) to cease child support. He was wrong for not trying to find her though, I guess he was avoiding all the drama. So anyway, 5 years later we get a huge arrears child support amount and a letter from his baby momma (who has finally decided to show her face)... His credit is good except for this. He is a good man, we are paying child support now and an additional amount each month toward arrears. His x is one of those crazies... with the line "I'm on birth control!!!"...."oops now I'm pregnant, guess you'll have to stay with me forever..". And I know its not only her fault, its his for not taking precautions.
Basically, my marriage has been taking a toll lately due to the financial drama caused by this situation. I don't hate the child or the mother, just the difficulties it has put me in. I just want to feel secure as I'm building for my family. ***It must be noted that the x is still in love with my husband and may "try something" just out of spite... I guess I'm just venting now...maybe I'm just stressed due to the holidays...I just want to be able to look at my husband with love, and not hate for the drama that he has brought into my life... :(
How much are you planning on putting down on the house? If you are looking for an FHA loan, that back child support could end the whole process, especially if it shows on his credit report. If you are planning on putting 20% down and going Conventional, why don't you first consider paying the baby mamma that money to support his child first??? Whats more important, the welfare of an innocent child or you getting a fancy home? This guy is obviously not very supportive and you will probably be his next 'victim'. I know, you are going to be upset and have a whole lotta reasons why he is not paying her, but bottom line is that this money is not hers, its the child's. She is paying to feed and support his child while he neglects to pay his fair share (according to the courts anyway). My ex-wife owes me about $11K and my current wife's ex-husband owes her over $25K, we will probably never see that money but the kids would sure benefit from their other parents stepping up. If either of them ever buys a home, you can be absolutely certain I would be placing a lien on their homes the day they close, it would not matter who was on the title or deed ( if they are married and living in California anyway) EDIT--- Sorry, after reading your additional story, I have much more sympathy for you. I understand the situation you are in and, since he is making payments to clear up the support, it will not show negatively on your report as a collection, it will show as a current debt, which is not so bad, it will allow you two to get a FHA loan. BUT, when you file your taxes together, SHE CAN take everything. If there is anyway you can still file (married filing separately) then you can claim the tax credit and she will not be able to touch it. Good Luck, and keep your head up. When this whole baby mamma thing is over and life is going good, you will be happy you put up with a little drama to get there!
To answer your Question: In Some States They can and Do place Liens on real Property Owned. That has Enough Equity to secure the Payment.. Such as a owned car or an Owned house. The state places the lien No Judge orders a lien for child support owned this is a state thing because the Custodial Guardian Receives payment from the state and not the actual person. There are some cases where the Parents agree to Pay Without court Order in which case this doesn't have anything to do with it. On a Further note: Wow I think loanmasterone was the only Person Not Ignorant of this question. I'm not sure any of you realize that the Mother of the Child Has Already been paid child support. The Back Child support is owed to the Government... Apparently People have not seen there is a recession and 10% of most States populations are Unemployed... She didn't say he was thousands of Dollars in the rears... She said Back Child support. Granted this is Vague. However .. Child support is not Owed to the Freaking mother... It's OWED to the STATE. That BABy's Momma as Everyone calls it RECEIVED the money from the state to take care of that CHILD....Don't make this out like that Father isn't supporting his Kid.. You all don't even know. I'm 1000 dollars in rears for my back child support. I've been paying Since before the court order and took care of my Son even before it happened. The mother is a Crack head whore. I lost my Job And the 1000 came from the time between Me Applying for Unemployment and Getting it. When I got Unemployment I paid it then too.. You all are haters and have no idea what your talking about.
I agree with Lauren as well. The problem is you cannot use his income at all in this transaction with out using his credit. The fact that he owes child support is a question asked in the federal declarations section of the application. If he were to commit fraud and that is discovered he could be prosecuted for answering no. Now comes the next problem. If you live in a community property state or a dower state then if married then he must be entitled on this home by law. That would give the courts all they need to attach a judgment on the "baby momma" behalf and she will get her money when the house is sold or refinanced. This man has no ethics or morals when he does not pay for the children he helped to conceive. He needs to get straight with the courts and get his child support paid up and then his income and credit can be used. He needs to grow up and become a man. Even if you do not live in a joint ownership state this will not happen either as NO UNDERWRITER will let this pass muster and grant you a loan.
Your husbands ex wife can not legally place a lien against a house that he owns unless for some reason she has some type of legal court order. Judges do not issue such orders for back child support to a woman. The county in which the child support is owed back child support can, however, place a lien against any real property that is owned by the father of the children. If he owes back child support and is making payments, if they are caught up then there will be no problems and normally the county in which the child support is owed would not place a lien against the property. Only those dads that are far far behind in their back child support have their property attached with a lien. If you can qualify for a mortgage loan without using your husbands salary, you might do so, however, his name will not be on the mortgage nor the title deed. I hope this has been of some benefit to you, good luck. "FIGHT ON"
Sorry to hearken to approximately your concern. For the years you filed joint, you're caught with owing despite is owed until eventually you may qualify as harmless important different, and that's enormously no longer likely even although you will desire to supply it a try. And the IRS would not would desire to honor something interior the divorce contract approximately who's accountable for what - if something receives amassed from you that the divorce contract suggested he became accountable for, you may would desire to sue him to reimburse you. because of the fact the valuables became in his or in joint names while the debt became incurred, a lien on it particularly is official too. something would not sound suited although approximately garnishing your pay for years once you filed one after the different, assuming you do no longer owe something your self for those years. i might ask the IRS to describe precisely what the garnishment is for, then if that's for those years, communicate with a tax lawyer approximately that section. even even though it would be official in view that's a community property state. ' you may no longer have somebody document his taxes for him. The IRS are the sole ones who would desire to document for him without his signature. If that's any convenience, particular suited now it sounds like he's merely occurring along with his existence, yet while he would not straighten all this out, sometime interior the no longer too some distance distant destiny he would be sitting in penal complex. Sorry it particularly is occurring to you. sturdy good fortune.
Why are you considering buying a house with someone who is so irresponsible that he chooses to not support his child? Don't you see there is something deeply unethical in this choice? Or, are you willing to watch a child go without so you can have a nicer home? Hopefully you don't plan to have a child with him, or you might find yourself in this same situation. If the child's mother is smart, she will take him to court as soon as she finds out about this plan, so that the court judgment will mess up his credit rating and make it more difficult to get a house. If I were you, I would buy the house on my own and put the title only in your name. If your husband doesn't get the legal and ethical obligation to support his child, you don't want to tangle your finances up with him.
Well, In mississippi Child Services can attach a lien on behalf of the mother, ""If we get the loan in both our names (to have both incomes considered), but only place my name on the title (if that's possible),"" Nope,, If you both apply for the loan, both will be on the deed, "Or should I just put both the lien and title in my name?" That would be the safest course of action, PS, I agree with Lauren ... ..
You're only shot at getting your ex back is to follow the right steps that will make her ask you to get back together. Learn here if you broke up with her, then you might be able to be the one who brings up the subject of getting back together. But if you can do it without, it would be much better. But how do you get someone back without seeming desperate? In order to get your ex girlfriend attention, you have to show value without telegraphing your interest in her, while at the same time initiating interaction. So don't ignore your ex texts and calls when they break up with you. It screams that you are so devastated by the breakup that you can't even handle talking to her. You want to respond to her, but do it in the right way. You can even initiate communication if you do it in the right way. You have to maintain a strong frame of confidence, and show your ex girlfriend that your happiness isn't dependent on being with her
A great way to get your ex back is They might realize they need you and come crawling back! If you do get back together, don't let the same issues that destroyed your relationship crop up again. Have a good, long talk about how you're both going to make it right this time.
They can only do a personal judgment lien, which will impact any chances to buy a home. And if filed properly, will show up in a name search. What will happen is he will be required to pay that off.