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 Iowa, 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 Iowa Department of Human Services, Child Support Recovery Unit (CSRU), is responsible for administering child support services and can place a lien without the need for a court order. The lien serves as a claim on the property, preventing the owner from selling or refinancing the asset without first satisfying the outstanding child support debt. Notice of the lien can be provided by the attorney representing the custodial parent, the CSRU, or through a lien registry that banks, insurance companies, and real estate title companies can check. In certain situations, the property may be forced into sale by the custodial parent or the CSRU to satisfy the child support lien, ensuring that the owed child support is paid.