A lien is a claim that effectively places a hold or freeze on property (bank accounts, real estate, a car or truck, insurance proceeds) to ensure payment of a debt by the owner of the property. In the child support context, a parent who is owed child support—or the state’s child support services in the Office of Attorney General—may place a child support lien on property owned by the parent who owes child support.
In most states this child support lien arises automatically and without the need for a court order. Banks, insurance companies, and real estate title companies are given notice of a child support lien (1) by the attorney for the parent who is owed child support; (2) by the state’s child support services; or (3) by checking a lien registry or child support lien network for liens. In some circumstances the parent who is owed child support, or the state’s child support services may force the sale of property to satisfy a child support lien.
In Alabama, a child support lien can be used as a legal tool to ensure that a parent who owes child support fulfills their obligation. This lien can be placed on various types of property owned by the non-custodial parent, such as bank accounts, real estate, vehicles, or insurance proceeds. The lien acts as a hold on the property, which can secure the payment of the debt. In Alabama, the Department of Human Resources (DHR) is responsible for child support enforcement, and they can place a lien without the need for a court order. The lien is typically recorded and can be discovered by parties such as banks, insurance companies, and real estate title companies through a lien registry or child support lien network. In certain situations, the custodial parent or the state's child support services may even force the sale of the property to satisfy the child support lien. It's important to note that the specific procedures and regulations can vary, and an attorney specializing in family law can provide detailed guidance on how child support liens operate in Alabama.