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 New Mexico (NM), 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 delinquent parent, such as bank accounts, real estate, vehicles, or insurance proceeds. The lien acts as a hold on the property, which can secure the payment of the debt. In NM, the state's Child Support Enforcement Division (CSED) within the Human Services Department can place a lien without the need for a court order. The lien is typically recorded and can be discovered by banks, insurance companies, and real estate title companies through a lien registry or child support lien network. These entities are required to check for such liens to ensure they are not transferring assets that are subject to a lien. If necessary, the property can be forced into sale by the parent who is owed child support or by the state's child support services to satisfy the debt. Attorneys representing the parent owed child support may also notify these entities of the existence of a lien.