Ex-Husband owed back child support. Ex-Wife put a lien on a piece of Ex-Husband’s property. The property was held in a land trust for Ex-Husband.
Ex-Husband died. The beneficiary of the trust went to court to have the lien released. The court allowed the lien to be released. Ex-Wife appealed.
The Illinois Marriage and Dissolution of Marriage Act states that this type of lien arises by operation of law. It is against the real and personal property of the noncustodial parent. It would be for each installment of overdue support owed by the noncustodial parent. A new lien is imposed each time that a payment of child support is not made.
In this case, a lien arose against all of Ex-Husband’s property. Not just the property that the lien had been filed against.
The Ex-Wife did not need to do anything further. Not even file the lien in the first place. She did not even need to notify anyone.
The Trial Court made a mistake. It should not have granted the motion to release the lien. The lien was still valid when the trustee tried to sell the property.
The case was sent back to the Trial Court. The court was to determine the amount to which Ex-Wife would be entitled if the lien was valid.
In re Marriage of Campbell, 2017 IL App (2d) 170171, October 27, 2017.
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