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 Maryland, 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 Maryland Child Support Enforcement Administration (CSEA) within the Department of Human Services has the authority to place liens on property when child support is past due. This process can occur automatically and does not necessarily require a court order. Once a lien is in place, it can prevent the transfer or sale of the property until the child support debt is satisfied. Financial institutions, insurance companies, and title companies are typically notified of the existence of a child support lien either by the CSEA, the attorney representing the custodial parent, or through checking state lien registries. In certain situations, the property may be forced into sale by the custodial parent or the state's child support services to fulfill the debt owed from the child support lien.