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 Oklahoma, 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. This lien can be placed on various types of property owned by the delinquent parent, such as bank accounts, real estate, vehicles, and insurance proceeds. The lien serves to secure the debt and may result in the property being seized or sold to satisfy the outstanding child support obligation. The Oklahoma Child Support Services (OCSS) within the Office of the Attorney General is responsible for enforcing child support orders and can place a lien without the need for a court order. Additionally, the attorney representing the custodial parent can notify financial institutions and other entities of the lien. Oklahoma also participates in the Federal Child Support Lien Network (FCSLN), which allows for the discovery and enforcement of child support liens across state lines. If necessary, the property can be forced into sale by the custodial parent or the OCSS to cover the unpaid child support.