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 Rhode Island, 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 delinquent parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. This action effectively freezes the property, preventing its sale or refinancing until the child support debt is satisfied. The lien can be initiated by the parent who is owed child support or by the state's child support services within the Office of Attorney General. In Rhode Island, the lien does not necessarily require a court order to come into effect. Financial institutions and other entities are made aware of the existence of a child support lien either through direct notification from the attorney representing the custodial parent, by the state's child support services, or by checking a lien registry or child support lien network. If necessary, the property can be forced into sale by the owed parent or the state to fulfill the child support obligation.