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 California, child support liens are used as a means to secure payment of overdue child support from a noncustodial parent. When a parent fails to pay child support, the California Department of Child Support Services (DCSS) has the authority to place a lien on the delinquent parent's property. This can include bank accounts, vehicles, real estate, and other valuable assets. The lien serves as a legal claim against the property to ensure that the debt is paid. In California, child support liens can be established automatically by the DCSS without the need for a court order. Once a lien is in place, it can be enforced by notifying financial institutions, insurance companies, and real estate title companies, or by checking the California Child Support Lien Network (CSLN), which is a database of child support liens. If necessary, the property can be seized and sold to satisfy the child support debt. It's important for individuals dealing with child support liens to consult with an attorney to understand their rights and obligations under California law.