Q: How to use marital lien to pay off child support arrears of close to same amount? Lawyer necessary?
Divorced (as Respondent) in April, 2000 after 1 year of marriage, 1 child, and 3 years of legal dissension re child support, visitation, and property division. The divorce decree states, “Respondent shall be awarded a marital lien on the parties homestead in the amount of $11,008.00 at an interest rate of 3% per year. The Petitioner shall be obligated to satisfy this lien upon the emancipation of the parties’ minor child, or upon Petitioner’s remarriage.” Our child emancipated in 2019. But I also have child support arrears and would like my entire marital lien to be used to pay off most (or all) of those arrears. Is this something commonly handled by individuals, or do I need to find a lawyer?
A: It would be wise to at least set up a consultation with a family law attorney.
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