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 York, child support liens are used as a means to ensure that parents who owe child support fulfill their obligations. The New York Child Support Enforcement Program is authorized to place liens on the real and personal property of noncustodial parents who owe past-due child support. This includes bank accounts, real estate, vehicles, and other assets. The lien serves as a claim on the property, preventing the owner from selling or transferring the asset without addressing the outstanding child support debt. In New York, the lien can be placed by the Office of the Attorney General or the Division of Child Support Enforcement without the need for a court order. Financial institutions and other entities are notified of the existence of a lien and are required to freeze assets accordingly. If necessary, the state can also force the sale of the property to satisfy the debt. The New York State Child Support Enforcement site provides a registry where liens can be checked by interested parties.