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 Georgia, a child support lien can be used as a legal tool to ensure that overdue child support payments are made by the noncustodial parent. The lien is placed on the noncustodial parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. This action effectively freezes the property, preventing its sale or transfer until the child support debt is satisfied. The lien can be initiated by the custodial parent's attorney or by the Georgia Division of Child Support Services (DCSS), which is part of the Office of the Attorney General. These entities can notify financial institutions, insurance companies, and real estate title companies of the lien. In Georgia, the lien does not require a court order to be established and can be enforced by the DCSS, which has the authority to intercept tax refunds, force the sale of property, and take other actions to collect unpaid child support. The state maintains a registry where such liens are recorded, and this registry can be checked by interested parties to ascertain the existence of any child support liens.