Legal Question in Family Law in Maine

attaching property of ex-spouse for back child support

My ex owes $30,000+ in back child support. I want to put a lien on a property he owns in Maine. Can this be done and if so, does it have to be done by a Maine attorney?


Asked on 1/11/06, 7:51 pm

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: attaching property of ex-spouse for back child support

Contact the Dept. of Revenue, Child Support Enforcement representative at your County Probate and Family Court Office. Good Luck!

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Answered on 1/12/06, 12:11 am

Re: attaching property of ex-spouse for back child support

Contact the MDOR representative at the Family Court, they will assist you in collecting the Child support.

Good Luck

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Answered on 1/12/06, 7:58 am
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: attaching property of ex-spouse for back child support

The short answer is yes. The child support order may be domesticated in Maine, and then enforced. Maine statutes also provide that the enforcer may be awarded his or her costs and attorney's fees. Obviously, the procedure would depend on the precise language of the order, the circumstances surrounding his non-payment, and the nature of his interest in the real estate. Please contact me if you would like to discuss this further.

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Answered on 1/12/06, 8:51 am
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: attaching property of ex-spouse for back child support

Your child support arrears may already be being enforced in Maine, so you should check with the DOR office; you may have to go to the probate court to check in person, as it is often difficult to get through by phone.

It's a little more complicated to get the attachment, although I don't know Maine law. You will probably need to "monetize" the arrears as a judgment for money and an execution, which can then be taken to a Maine court to be levied on his property there. If it is his home, there may be a homestead declaration exempting the equity, which would mean the execution would have no effect until the house is sold or refinanced.

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Answered on 1/12/06, 9:50 am


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