Can my future ex-wife compel my mother to give over her property due to my Child Support debt?
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Can my future ex-wife compel my mother to give over her property due to my Child Support debt?
Hello,
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 in Arizona
Asked on November 1, 2019 under Family Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
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.
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