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Noncustodial parent left county. Sold home even with child support lien on it? How?

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  • #16
    Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

    Originally posted by Friend In Court View Post
    Executing against the property is the remedy, not suing the new owners. The process is called "writ of execution."

    If those who post on real estate law had ever taken a class in it their advice might be worth something. Or if they had any litigation experience or education, then they might be worth listening to.


    The county records judgments, by the way, not the State.
    Then since you consider yourself an expert, why do you always provide erroneous information. Oh I get it, you are not an expert on these topics, you just think you are. They call that " legend in your own mind ". Maybe you should consider coming down to earth, with the rest of us mortals and discuss issues, instead of trying to assume you are an expert. Fruit for thought.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #17
      Originally posted by Friend In Court View Post
      Although civil judgments acquire interest at 10% per annum in California, the exception is for child or spousal support -- 6% per annum by statute -- up to a maximum of 72% per year. That comes from the California Civil Code and was up to date as late as last week when I checked it.
      A link would be greatly appreciated. I cannot locate this.

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      • #18
        Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

        Error.

        Comment


        • #19
          Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

          Originally posted by goddessoflubboc View Post
          Error.
          To err is human. To forgive divine.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #20
            Originally posted by Disagreeable View Post
            To err is human. To forgive divine.
            My iPod lost its mind temporarily :/

            After several phone calls I was able to clear up the interest rate issue. The 6% is a pecuniary amount that CAN be charged on a payment that is 30 days late. It is rarely applied and does NOT apply to judgments. Judgments are assessed at the typical rate of 10%. My mistake was in looking ONLY for judgments.

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            • #21
              Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

              Originally posted by goddessoflubboc View Post
              A link would be greatly appreciated. I cannot locate this.
              It is in the Family Law Statutes of California, Sections 4720-4732. Procedurally, an application is made to the court to accompany the motion, Judicial Council Form 1296.1 and the judge calculates the amount of interest due on the delinquent support. Statute provides for 6% interest per month up to 72% maximum per year (it is not compounded).

              Request to waive may be made by the obligor for reasons such as serious illness or disability, am a public employee and have not received a paycheck for 30 days, the support is not delinquent 30 days and was not at the time the motion was filed...etc.

              Notice to the obligor is right at the top of the required Judicial Council form served with the order to show cause:

              "Notice to Person Ordered to Pay Support

              The child support payments listed on this form are more than 30 days in arrears on the date of this filing this notice. If they are not paid within 30 days of service of this notice on you, a penalty of 6% per month may be charged on
              the unpaid balance. The penalty may accumulate up to maximum of 72% of the original amount of unpaid support.

              California law provides: Within a timely fashion after service of the Notice of Delinquency the [obligor may file] a motion to determine arrearages" and show the court why the 6% penalty should not be imposed. (Forms FL 490 and FL 491) for filing a motion for a court hearing to establish your possible exemption were served upon you with this Notice of Delinquency. You should file the motion as soon as possible before the support obligee obtains a court order or writ of restitution."

              A case on the subject, upholding the court's levying of interest is Corbin v. De Prieto, San Diego case No. D 282441 upheld on appeal, appellate No. D038136.

              Comment


              • #22
                Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

                Originally posted by Disagreeable View Post
                Then since you consider yourself an expert, why do you always provide erroneous information. Oh I get it, you are not an expert on these topics, you just think you are. They call that " legend in your own mind ". Maybe you should consider coming down to earth, with the rest of us mortals and discuss issues, instead of trying to assume you are an expert. Fruit for thought.
                From someone who never took law class one, whose posts are crumudgeonly insults and naked disputes, with no authority to back them up -- perhaps "Disagreeable" is on this site to give comic relief.

                I'm reminded of something my father used to say, "Never argue with a fool. Lest bystanders not be able to tell the difference."

                Comment


                • #23
                  Re: Noncustodial parent left county. Sold home even with child support lien on it? Ho

                  Originally posted by Friend In Court View Post
                  From someone who never took law class one, whose posts are crumudgeonly insults and naked disputes, with no authority to back them up -- perhaps "Disagreeable" is on this site to give comic relief.

                  I'm reminded of something my father used to say, "Never argue with a fool. Lest bystanders not be able to tell the difference."
                  Yet you continue to claim you are an authority and we must correct your errors. Go figure.
                  Due to a recent promotion, I should now be referred to as Major Obvious.

                  I would not be trying to provide information and knowledge if I did not sympathize.

                  Some days it is just not worth chewing through the restraints to face life.

                  Comment

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