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 Oregon, a child support lien can be placed on a noncustodial parent's property to ensure payment of overdue child support. This lien can affect various types of property, including bank accounts, real estate, vehicles, and insurance proceeds. The lien serves as a legal claim against the property, which may prevent the owner from selling or refinancing the property without first satisfying the owed child support. The Oregon Child Support Program, which operates under the Oregon Department of Justice, has the authority to place liens on property when child support is past due. The lien can be filed by the attorney representing the custodial parent or by the state's child support services. Additionally, financial institutions and other entities are required to check for such liens to ensure they are not transferring property that is subject to a child support lien. In certain situations, the property may be forced into sale by the custodial parent or the state to satisfy the lien and pay the child support debt.