WOW! Property Liens for Unpaid Child Support# WaterWorld - 未名水世界
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http://www.nolo.com/legal-encyclopedia/property-liens-unpaid-ch
A custodial parent who is owed child support can place a lien on your
property. A lien is a notice that tells the world that there are claims
against you for money.
(You can learn more about personal and real property liens in our area on
how debts are collected.)
How the Other Parent Files and Enforces the Lien
Usually the custodial parent files a lien with the same office where the
property is registered or recorded. For example, a lien on your house would
be filed with the county recorder in the county where your house is located.
The lien remains until your child is no longer entitled to support and you
’ve paid all the arrears, or until the custodial parent agrees to remove
the lien.
Although some states require that the custodial parent obtain a judgment for
the arrears before putting a lien on property, most states allow liens to
be imposed on property when you miss court-ordered support payments. To
check the lien requirements in your state, go to the Office of Child Support
Enforcement website at www.acf.hhs.gov/programs/cse.
With a lien, the custodial parent can force the sale of your property or
wait until the property is sold or refinanced and then get the money that’s
owed.
Opposing a Property Lien for Unpaid Child Support
Your best defense is to schedule a hearing before a judge and claim that the
lien impairs your ability to pay your current support. For example, if the
lien is on your house and is going to keep you from borrowing money to pay
the child support arrears, make that clear to the judge. You’ll probably
need to bring copies of loan rejection letters stating that your poor credit
rating -- due to the lien -- was the reason for the rejection.
How Can the Other Parent Find Your Property?
To help locate the assets of parents who owe child support, all states are
required to maintain what is known as a “data match system.” Under this
system, financial institutions that do business in a state, such as banks,
insurance companies, and brokers, must provide that state’s child support
enforcement agencies with account information on clients who have past-due
support obligations. The agency can then use this information to place a
lien on and seize assets of people who owe child support.
A custodial parent who is owed child support can place a lien on your
property. A lien is a notice that tells the world that there are claims
against you for money.
(You can learn more about personal and real property liens in our area on
how debts are collected.)
How the Other Parent Files and Enforces the Lien
Usually the custodial parent files a lien with the same office where the
property is registered or recorded. For example, a lien on your house would
be filed with the county recorder in the county where your house is located.
The lien remains until your child is no longer entitled to support and you
’ve paid all the arrears, or until the custodial parent agrees to remove
the lien.
Although some states require that the custodial parent obtain a judgment for
the arrears before putting a lien on property, most states allow liens to
be imposed on property when you miss court-ordered support payments. To
check the lien requirements in your state, go to the Office of Child Support
Enforcement website at www.acf.hhs.gov/programs/cse.
With a lien, the custodial parent can force the sale of your property or
wait until the property is sold or refinanced and then get the money that’s
owed.
Opposing a Property Lien for Unpaid Child Support
Your best defense is to schedule a hearing before a judge and claim that the
lien impairs your ability to pay your current support. For example, if the
lien is on your house and is going to keep you from borrowing money to pay
the child support arrears, make that clear to the judge. You’ll probably
need to bring copies of loan rejection letters stating that your poor credit
rating -- due to the lien -- was the reason for the rejection.
How Can the Other Parent Find Your Property?
To help locate the assets of parents who owe child support, all states are
required to maintain what is known as a “data match system.” Under this
system, financial institutions that do business in a state, such as banks,
insurance companies, and brokers, must provide that state’s child support
enforcement agencies with account information on clients who have past-due
support obligations. The agency can then use this information to place a
lien on and seize assets of people who owe child support.
