Can my future ex-wife compel my mother to give over her property due to my child support debt?
Question Details: My future ex has asked a judge to compel my mother to give over her investment property to pay off my child support debt. Is this legal? Can a judge possibly agree to this? It sounds preposterous on the outside but stranger things can happen.
IF you gave your mother the investment property and it can be shown that she (your mother) did not pay you fair market value for it (which also includes the situation of where you paid for property titled from the beginning in your mother's name), but rather that you transferred, etc. the property to her to hide it from people to whom you may owe money--including your future ex or your child--then yes, the judge can do this. The law does not permit you to hide your assets from your creditors or others whom you owe money by putting it in another's name.
However, if this truly your mother's investment property, bought with her own money or money from anyone other than you or your ex, then your soon-to-be-ex has no legal claim to it.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Helping 20 Million Americans a Year for 20 Years. FREE!