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 Montana, a child support lien can be used as a legal tool to ensure that a parent who owes child support fulfills their obligation. The lien can be placed on various types of property owned by the delinquent parent, such as bank accounts, real estate, vehicles, or insurance proceeds. This lien is typically established automatically, without the need for a court order, once the parent falls behind on child support payments. The lien serves as a public notice that the parent owes child support and prevents the transfer or refinancing of the property until the debt is paid. Notification of the lien can be provided by the attorney representing the parent who is owed child support, by the state's child support enforcement services, or through a lien registry or child support lien network that banks, insurance companies, and real estate title companies can check. In certain situations, the property may be forced into sale by the owed parent or the state's child support services to satisfy the child support lien.