Can I attach a lien to property for unpaid spousal support?

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Can I attach a lien to property for unpaid spousal support?

My ex has stopped paying spousal support on his own without a court hearing. Our agreement states that support is non modifiable and based on the equalization of community property. I have filed a request for motion and know that the court will order him to continue to pay. If he doesn’t, I would like to know if I can place a lien on his property.

Asked on September 11, 2017 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So you are doing the right thing by keeping up to date with Motion practice and having him comply with your agreement (which is a contract) but don't forget to add in the motion a request for a Judgement for any arrears.  Unless you have a Judgement you can not file a lien against real property.  See if there is any way to have the funds paid directly from his employer to you to avoid this nonsense.  Good luck. 


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