Fraudulent Transfers; Voiding of Fraudulent Transfers

(a)A transfer or encumbrance of property, real or personal, which is incurred by a non-custodial parent owing arrears is fraudulent as to the arrears owed, regardless of whether the arrearage arises before or after the transfer or encumbrance, if the transfer or encumbrance is made with actual intent to hinder, delay, or defraud the person to whom the arrearage is owed, and shall be void as against the person to whom the arrearage is owed. Actual intent shall be determined as provided in 10 GCA § 6103.

(b)Whenever the Department is aware of a fraudulent transfer or encumbrance, the Department shall seek to void such transfer or encumbrance to the extent necessary to satisfy the arrearage, or obtain a settlement in the best interests of the person to whom the arrearage is owed.