Can my future ex-wife compel my mother to give over her property due to my Child Support debt?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my future ex-wife compel my mother to give over her property due to my Child Support debt?

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption