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 North Carolina, 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 non-custodial 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. The North Carolina Child Support Enforcement (CSE) agency, which operates under the state's Department of Health and Human Services, has the authority to place liens on property when child support is past due. The lien can be initiated by the CSE without the need for a court order. Additionally, attorneys representing the custodial parent can also notify financial institutions and other entities of the lien. In cases where the debt remains unpaid, the CSE or the custodial parent may pursue the forced sale of the property to collect the owed child support. It is important for both custodial and non-custodial parents to be aware of the implications of child support liens and to understand their rights and responsibilities under North Carolina law.