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 Arkansas, a child support lien can be used as a legal tool to ensure that overdue child support payments are made by the non-custodial parent. The lien is placed on the delinquent parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The Office of Child Support Enforcement (OCSE) within the Arkansas Department of Finance and Administration is responsible for enforcing child support orders, which includes the placement of liens. These liens can be established automatically by state law without the need for a court order. When a lien is in place, it must be satisfied before the property can be transferred or sold. The OCSE, an attorney representing the custodial parent, or the custodial parent themselves can notify financial institutions and other relevant parties of the lien. Additionally, the OCSE can take further action, such as intercepting tax refunds or forcing the sale of property, to collect the owed child support. It is important for both custodial and non-custodial parents to be aware of the implications of child support liens and the potential legal consequences for non-payment of child support.