Thoughts on the assignablitity of this "cash flow"

Thoughts on the assignablitity of this "cash flow"

Note Investor · Pasadena, CA · Member since 2009 · 849 posts · 544 votes

So I've got an interesting cash-flow and would like the help of BP to brainstorm this one.

I had a lady contact me about a cash-flow stream she has been receiving and would possibly like to sell to me.

The background on this cash-flow is that she won a court case against her ex-husband for child support. The "principle" amount was $20,000 (which he paid immediately), and the penalties and interest were $18,000. He has been paying the court-ordered minimum of $200 twice a month, and has been doing so for the last 19 years (yes, there is a 19-year payment history). He has been doing this, I suppose, to be a jerk and string her along for the money owed to her.

Here's the interesting part: because he does not pay off the penalties & interest amount in full, every year the state re-penalizes him. So, in essence, that amount stays around $18,000 and has done so for the last 19 years.

In addition, the court order reads that in the event of (the ex-husband's) death, his estate would be responsible for the payments. I think that only then will the executor of the estate pay off the "balloon" of $18,000.

So, my questions/issues are:

How would I structure the purchase of this cash flow? Technically, I'm not buying a promissory note.

The court order does not mention anything about the assignability of the payments (or for that matter, the non-assignability of it). In addition, we are talking about the penalties & interest associated with it, not the actual "principle" itself.

The other issue would be securing it. At this time the "best" solution I have come up with is to open a joint account with the ex-wife, and have the state (which collects the payments electronically then deposits into her account) re-direct payment to our joint account, and eventually have her "drop off" from the account.

Any thoughts would be appreciated.

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  • Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
    15y

    Loc, by your description, this sounds like it is approaching a perpetuity - a constant, never ending stream of payments.

    The textbook definition of the "value" of a perpetuity is the cash flow, here $400 per month, divided by the appropriate discount factor.

    It is that discount factor that is tough to determine.

    You have 3 risks that I can identify.

    First, the ex may decide that the "meth life" or any other assorted lifestyles is better than paying this money forever. Or he may become unable to work and earn money or finds some other way of sheltering income and assets. You have no security against that.

    Second, something could happen to the woman and she decides to stop forwarding payments to your joint account. Stranger things have happened. You have no security against that.

    Third, the court could step in and say, that is enough, the child is through college and is a doctor, the mother has a paid for house and car .... whatever. The court then orders a stop in payments. You have no security against that.

    This really sounds like a reason for banks to exist.

  • Note Investor · Pasadena, CA · Member since 2009 · 849 posts · 544 votes
    15y

    Kevin,

    Thanks for the reply. As to the 3 risks...

    1. I am not worried about the ex, as a 19-year pay history has demonstrated his ability & willingness to pay, just not anything more than he has to.

    2. The seller herself IS a legitimate concern. Her credit checks out and she is a reputable member of her community. Still trying to figure out ways to better secure the deal.

    3. This is not for the child support, but the penalties & interest.

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