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 Kansas, 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 a claim against the non-custodial parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The Kansas Department for Children and Families (DCF) has the authority to place a lien on the property of a parent who owes child support. This lien can arise automatically, and no court order is necessary for the lien to be established. Once a lien is in place, it serves as a public notice that the state or the custodial parent has a legal right to the proceeds from the sale or refinancing of the property. Financial institutions and other entities are notified of the existence of a child support lien and are required to check for such liens before proceeding with transactions. In certain situations, the property may be forced into sale by the custodial parent or the state to satisfy the child support debt. It is important for individuals dealing with child support liens to consult with an attorney to understand their rights and obligations under Kansas law.