Is there a way to remove my my husband from the deed if he is in arrears on child payment?
Full Question:
Answer:
You must first go to the divorce court and have any support arrearage or back support reduced to a judgment. Only then can you have a lien put on his interest in the house. You must also be sure that your ex owns the house or has an interest in the house as a tenant in common. If someone other than your ex has an interest in the house or the house is owned as a joint tenancy, the lien may not attach to the house. The Iowa Supreme Court recently ruled that a lien could not attach on a house owned as joint tenancy in the names of an ex-husband and his second wife. For the lien to be enforceable, it had to have attached while only the ex-husband owned the house, because the ex-wife had no judgment against the second wife for child support.
Please see the information and forms at the following links:
http://lawdigest.uslegal.com/family-laws/child-support-and-custody-overview/
http://lawdigest.uslegal.com/family-laws/unmarried-parents/