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 Virginia, a child support lien can be used as a legal tool to ensure that a parent who owes child support fulfills their obligation. The lien creates a legal claim against the debtor parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The Virginia Division of Child Support Enforcement (DCSE), which operates under the Virginia Department of Social Services, has the authority to place liens on property when child support is past due. This process can occur without the need for a court order. Once a lien is in place, it must be satisfied before the property can be transferred or sold. The DCSE, an attorney representing the parent owed child support, or the lien registry can provide notice of the lien to relevant parties, such as banks, insurance companies, and real estate title companies. In certain situations, the property may be forced into sale by the DCSE or through a court order to satisfy the child support debt.