Legal Question in Family Law in Texas

I also have a child support lien question. My husband was embroiled in a child support dispute for the last two years because his payroll department had sent six year's worth of child support payments DIRECTLY TO THE MOTHER instead of the State Disbursement Unit. As a result, the AG had no record of the payments and declared my husband was $21K in arrears. We didn't know this, but the AGS's office put a lien on my husband's debt. We never got a written notice. We were able, after much pain and hassle, to go to court and prove that the support payments had been made. The CP made things difficult by showing up to several court hearings with no bank statements even though she was required to. The burden of proof was completely upon my husband. At the final hearing, it was determined that my husband HAD made all payments and had even overpaid the CP. But the lien is STILL ON RECORD and we have to clear the title! We have a buyer for the house and she wants to close in three weeks. I cannot tell you how upsetting it is to see a lien affecting MY PROPERTY. My husband's name is not on the deed. I own our home, which I purchased before we married.

We've been married for five years. We are currently trying to sell our house and just found out about this lien during the title search. Isn't it against the Texas Family Code for the AG's office to come after the property of the spouse? How can this happen? I know that Texas is a community property state, but can they really put a lien on my husband's (now proven incorrect) arrears and have it affect my home? I was told we have to get a release of lien. Well, good luck--the AG's office is being extremely uncooperative because they say the case is still open, even though my husband won in court and the case has been disposed!!!! The AG's office will not even speak to my husband directly-- they will only do it through his lawyer, which we have now had to rehire.


Asked on 5/09/10, 7:17 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Sue the AG for slander of title and consequential damages.

In the meantime, ask your title company about "bonding around" the AG's lien (which, by the way, does NOT attach to homestead, per 157.317(b) of the Texas Family Code).

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Answered on 5/14/10, 8:47 am


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