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 Massachusetts, a child support lien can be used as a legal tool to ensure that a parent who owes child support fulfills their obligation. This lien can be placed on various types of property owned by the noncustodial parent, such as bank accounts, real estate, vehicles, or insurance proceeds. The lien serves to secure the payment of overdue child support. The Massachusetts Department of Revenue's Child Support Enforcement Division is responsible for administering child support services and can place a lien without the need for a court order. Attorneys representing the custodial parent can also notify parties of the lien. Financial institutions and other entities are made aware of such liens through notifications from the state's child support services or by checking the appropriate registries. In certain situations, the property may be sold to satisfy the child support debt if the lien is not resolved.