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 Illinois, a child support lien can be placed on a delinquent parent's property to ensure payment of overdue child support. This lien can be applied to various types of property, such as bank accounts, real estate, vehicles, and insurance proceeds. The lien serves as a legal claim against the property, which can prevent the sale or transfer of the property until the child support debt is satisfied. The Illinois Department of Healthcare and Family Services (HFS) Division of Child Support Services has the authority to place liens on property when child support is past due. The lien can be established automatically by the state without the need for a court order. Additionally, an attorney representing the parent who is owed child support can notify financial institutions and other entities of the lien. In certain situations, the property may be sold to satisfy the child support debt. It is important for parents who owe child support to be aware of the potential legal consequences of failing to make timely payments, including the imposition of liens on their property.