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 Indiana, a child support lien can be used as a legal tool to ensure that overdue child support payments are made by the non-custodial parent. The lien is placed on the delinquent 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. In Indiana, the lien can be initiated by the custodial parent's attorney or by the state's child support services, which operate under the Office of the Attorney General. These entities can notify banks, insurance companies, and real estate title companies of the lien. Additionally, they can check a lien registry or child support lien network to discover any existing liens. If necessary, the property can be forced into sale by the custodial parent or the state's child support services to fulfill the child support obligation. It's important to note that while some states allow child support liens to arise automatically, the specific process and requirements may vary in Indiana, and it may be necessary to consult with an attorney to understand the precise legal steps involved.