Question
The Situation: Tom Father has a court order to pay $1,150/month child support to Ashley Mother.Ashley has gone back to school full time and even
The Situation:Tom Father has a court order to pay $1,150/month child support to Ashley Mother.Ashley has gone back to school full time and even though she works part time, she applies for public assistance to help her get through some tough times (very common situation).Ashley was required to sign a document for the Iowa Department of Human Services (DHS) that allowed DHS to collect the child support from Tom (who had not paid it for some time) during the time she is on public assistance.
The document Ashley signed for DHSis called an assignment.Tom received a letter from the State of Iowa stating it was the assignee of Ashley Mother's child support payments until further notice.
When Ashley no longer received public assistance, Tom was notified the assignment had been terminated.Ashley received state assistance for 14 months.
When Tom Father and his new wife, Emily, go to purchase a house it is discovered Tom owes $6,900 for child support (6 months x $1,150) that should have been paid to the State of Iowa during the time the child support assignment was effective.To purchase the house he must clear the child support lien by obtaining an affidavit from the State of Iowa verifying that the money has been paid.
Ashley Mother signs an affidavit that states Tom provided child care for their children, purchased food, helped her with her rent, paid to have her car repaired, etc. during the time she received government assistance.Her affidavit states Tom provided much more than $6,900 of financial assistance to her during that time.She states Tom does not owe her any money as far as she is concerned.
However, the State of Iowa still claims Tom owes it the $6,900 (!!!) and will not release the lien until it has been paid all the money.
18.Use your textbook (index / glossary) or go online and find a source that explains what a "lien" is.What does it mean when the State of Iowa claims it has a lien against the property that Tom and his new wife wish to purchase (since he owes the government $6,900)?(This may be obvious to some people but please remember that many people who take a course like this really do not know - that is why we take a class to learn about such things!)
19.Is the State of Iowa correct that Tom owes it $6,900 or has Tom satisfied (paid) his obligation for the $6,900 of support that he did not pay pursuant to the assignment?Ashley, the assignor, believes Tom does not owe her money for that time period (and she is the one who assigned the money to the State of Iowa).Why should the assignee, the State of Iowa, believe it has the right to the money?Explain.(For the record, this is a very real situation and one that many people who are in such a situation feel very frustrated about!)
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