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Tenancy by the Entirety as an Asset Shield: An Unjustified Safe Haven for Delinquent Child Support Obligors

Year: 2011
Type: article
Abstract: In February of 1993, President Clinton summarized the federal government's position on the country's child support crisis as follows:We need tougher child support enforcement.An estimated 15 million children have parents who could pay child support but don't.We need to make sure that they do.Parents owe billions of dollars in child support that is unpaid-money that could go a long way toward cutting the welfare rolls and lifting single parents out of poverty, and money that could go a long way toward helping us control government expenditures and reducing that debt.... I've said it before because it's the simple truth: governments don't raise children, people do.And even people who aren't around ought to do their part to raise the children they bring into this world.2 Despite the nation's growing intolerance, millions of parents disregard their child support obligation.Some of these parents legally frustrate child support collection attempts through use of a method of owning property unique to married couples and currently recognized by at least twenty-five states, 3 known as the tenancy by the entirety."The entireties concept of concurrent ownership provides the couple with the security of knowing that their property will remain part of the marital estate unless they both decide otherwise.'The couple's interests in the property are virtually unobtainable by third-parties and cannot be 1.In 1989, 88% of all custodial parents were women.BUREAu OF THE CENSUS, U.S. DEP'T OF COMMERCE, STATISTICAL ABsTRACT OF THE UNITED STATES 52, table 69 (1991).Thus, the vast majority of child support obligors were men.Therefore, this note will use the masculine pronoun when refemng to delinquent child support obligors and the feminine pronoun when referring to custodial parents.The gender usage herein is meant only to reflect these statistics.Nothing further should be inferred.2.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W1505620268
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