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 Colorado, a child support lien can be used as a legal tool to secure payment of overdue child support from a non-custodial parent. The lien is placed on the non-custodial parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The Colorado Child Support Services (CSS) within the Office of Attorney General is responsible for enforcing child support orders and can place a lien on property without the need for a court order. When a lien is filed, it serves as a public notice that the state or the custodial parent claims an interest in the property to satisfy the debt owed. Financial institutions and other entities are required to check for such liens and must honor them, potentially freezing assets or redirecting funds to pay the child support debt. In some cases, the property may be sold to satisfy the lien. The custodial parent's attorney or the CSS can notify parties of the lien, and liens are also recorded in a registry accessible to banks, insurance companies, and title companies to ensure they are aware of any claims on a person's property.