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Old 08-30-2005, 09:00 PM   #1 (permalink)
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General Lien Texas

I have found out, when trying to refinance my house, that I have a general lien on me placed by the state attorney generals office of Texas. I owe back child support which is being paid and is owed to the state of California. As I read the Family code enforcement section, I do not see any provisions given to any state to file on the half of another state, but only to enforce another states lien, thus California's. The attorney Generals argument. when I addressed them about this, was that California has given Texas authority to collect this child support. This is a weak argument. The divorce was in Texas and has never been moved to California, so Texas has always had enforcement over the case. But a lien must be levied by one whom money is owed to. The enforcement act does not in no way give Texas the right to place a general lien on me on behalf of California. Just because the Attorney General says it is so, doesn't make it right, this is where the supreme court decides.
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Old 08-31-2005, 12:09 PM   #2 (permalink)
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Full Faith and Credit

There is something caled the Full Faith and Credit Clause that most likely allows CA to give authority to TX to enforce a back child support order. A judgment in one state has the same effect in another state. Had you had property in CA they would have been able to place a lien on that home. Subsequently a lien can be placed on your home in any state as long as CA pursues it. It is simply one of the many collection tactics that creditors use.

It may not be fair but when it comes to child support non-payment is no joke especially for the state.
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Old 08-31-2005, 02:31 PM   #3 (permalink)
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General Lien

I never lived in CA. My ex-wife, after our divorce in TX moved to CA., because "they had the best benefits for single mothers with children." But the case still stands, CA. would be the one to place the lien on the child support arrearage because it is owed to them, not TX.
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