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 Minnesota, a child support lien can be used as a legal tool to secure payment of overdue child support from a noncustodial parent. The lien attaches to the noncustodial parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The Minnesota Department of Human Services (DHS) has the authority to place a lien without a court order when past-due child support exists. The lien is effective once it is properly recorded or registered. Notice of the lien is typically provided by the DHS, or an attorney representing the custodial parent, to relevant parties such as banks, insurance companies, and real estate title companies. These entities may also check the Minnesota Child Support Lien Docket, which is a public registry of child support liens. In certain situations, the property subject to a lien can be forced into sale by the custodial parent or the state to satisfy the child support debt.