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 Maine, 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 either prevent the transfer of the property or to claim proceeds from the sale of the property to cover the unpaid child support. In Maine, the lien can be established automatically by law without the need for a court order. The process is typically initiated by the attorney representing the custodial parent who is owed support or by the state's child support enforcement agency. These entities notify financial institutions, insurance companies, and real estate title companies of the existence of the lien. Additionally, Maine may have a lien registry or participate in a child support lien network that allows for the verification of liens. In certain situations, the custodial parent or the state's child support services may also pursue the forced sale of the noncustodial parent's property to satisfy the lien and collect the overdue child support.