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 Mississippi, 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 placed on the delinquent parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. This action effectively freezes the property, preventing its sale or transfer until the child support debt is satisfied. In Mississippi, the Department of Human Services' Division of Child Support Enforcement is responsible for enforcing child support orders, which may include the placement of liens. The lien can be initiated by the custodial parent's attorney or by the state's child support services. Additionally, financial institutions and other entities are required to check for such liens to ensure they are not transferring or releasing assets that are subject to a child support lien. If necessary, the property can be forced into sale by the custodial parent or the state to cover the unpaid child support.