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  • DIV Divorces JUD Judgments

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    Kristi Harrington
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    This document discusses child support judgments and provides guidance on factors to consider when determining their effect on a debtor's property. Key points include: - Child support orders are governed by state law and vary in how they create liens on an obligor's property. - Underwriting must consider factors like whether the order creates an automatic lien, if the lien has super priority, and what filings are required to effectuate the lien. - Other factors that impact the judgment include payment status, assignment, termination conditions, and whether accrued installments constitute additional judgments. - Child support obligations are not dischargeable through bankruptcy under section 523(a)(5) of the Bankruptcy Code.

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    This document discusses child support judgments and provides guidance on factors to consider when determining their effect on a debtor's property. Key points include: - Child support orders are governed by state law and vary in how they create liens on an obligor's property. - Underwriting must consider factors like whether the order creates an automatic lien, if the lien has super priority, and what filings are required to effectuate the lien. - Other factors that impact the judgment include payment status, assignment, termination conditions, and whether accrued installments constitute additional judgments. - Child support obligations are not dischargeable through bankruptcy under section 523(a)(5) of the Bankruptcy Code.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    4 views2 pages

    DIV Divorces JUD Judgments

    Uploaded by

    Kristi Harrington
    This document discusses child support judgments and provides guidance on factors to consider when determining their effect on a debtor's property. Key points include: - Child support orders are governed by state law and vary in how they create liens on an obligor's property. - Underwriting must consider factors like whether the order creates an automatic lien, if the lien has super priority, and what filings are required to effectuate the lien. - Other factors that impact the judgment include payment status, assignment, termination conditions, and whether accrued installments constitute additional judgments. - Child support obligations are not dischargeable through bankruptcy under section 523(a)(5) of the Bankruptcy Code.

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    © All Rights Reserved
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    of 2

    3.

    12

    Child Support Judgments


    SEE ALSO
    DIV Divorces
    JUD Judgments

    SEE UNDERWRITING MANUAL
    3.12.3 Child Support Judgments
    4.32 Divorces


    3.12.1

    In General
    Generally, in divorce and separation cases, statutes provide for a monthly allowance for the
    maintenance of the children of the marriage. The authority of the court to issue a child support
    order or judgment in a particular divorce or separation case, and the form, amount, duration, and
    enforcement of the order or judgment are entirely matters of state law.
    Child support orders or judgments present some unique characteristics that must be fully
    considered when determining their effect on land owned by the obligor or debtor:
    Does the entering of a child support order create an automatic lien on the obligor's property?
    Is there a controlling statute creating a lien on real property? Does this lien have super priority?
    Is it necessary to effectuate any additional filing or recording of the order in any other real estate
    records or registry?
    Have the provisions of the Uniform Marriage and Divorce Act been enacted in the state?
    Has the support judgment been assigned to any state, county, or municipal agency?
    Does the lack of delinquency allow the obligor's property to be considered, at that point in time,
    not subject to the lien of the child support judgment?
    Has proof been obtained that the obligor is current on payments?
    Has proof been obtained from the party entitled to receive the payments on behalf of the minor?
    Can the party entitled to receive payments relinquish the right to receive the payments?
    What is the effect, under state law, of the:

    Obligor's death?
    Majority or emancipation of the child?
    Subsequent statutory reduction in age of majority?
    Enlistment of the minor in any branch of the nation's armed services?
    Marriage of the child?
    When does the child support judgment terminate under state law, especially if the child has
    become disabled?
    Does such accrued installment constitute an additional judgment?


    3.12.2

    Child Support Judgments In The Bankruptcy Code
    A discharge in bankruptcy does not discharge the obligation of child support under section
    523(a)(5) of the Bankruptcy Code.

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