Is it legal to garnish the sale of property to pay child support obligations?

divorce attorney Jill DuffyQuestion:

Do child support laws allow for the garnishment of property to pay child support?

I sold a piece of property, but the proceeds from the transaction were taken by the child support enforcement agency to pay my child support obligation.

Is this legal?

Answer:

First, let me preface my answer by stating that the information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.

The laws regarding garnishment of property to pay child support vary from state to state. The answer to you question will depend on which state was charged with enforcing the child support order.

In most states, a child support order becomes a judgment which can be collected on when it is issued. Like collection of a judgment from any other civil case, the judgment holder can use any legal means of collection at their disposal, including garnishment of proceeds from a sale of property.

Whether your current wife can get a share of the funds returned will depend on state laws and how the property is titled.

You should contact an attorney who is licensed in your jurisdiction to further discuss the specifics of your situation. Cordell & Cordell represents men in divorce nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Jill A. Duffy, an Associate Attorney in the Troy, Michigan, office, please contact Cordell & Cordell.

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