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 Utah, 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. The Office of Recovery Services (ORS) within the Utah Department of Human Services is responsible for enforcing child support orders and can place a lien on property without the need for a court order. Once a lien is in place, it effectively prevents the owner from selling or refinancing the property without first satisfying the owed child support. The ORS can notify financial institutions and other entities of the lien, and these entities are required to check for liens before proceeding with transactions. In certain situations, the property may be forced into sale by the ORS to cover the unpaid child support. It is important for parents who owe child support to be aware of the potential legal consequences of a lien and for those who are owed child support to understand their rights to enforce payment through the state's child support services.