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 Vermont, a child support lien can be used as a legal tool to ensure that a parent who owes child support fulfills their obligation. This lien can be placed on the debtor parent's property, such as bank accounts, real estate, vehicles, or insurance proceeds. The lien acts as a hold on the property, which can prevent the owner from selling or refinancing it without first satisfying the owed child support. In Vermont, the Office of Child Support (OCS) within the Department for Children and Families can place a lien on property when child support is past due. The lien can be enforced by the attorney representing the parent who is owed child support or by the state's child support services. These entities can notify banks, insurance companies, and real estate title companies of the lien, and in some cases, they may even force the sale of the property to collect the overdue support. Vermont may also participate in a lien registry or child support lien network that facilitates the identification and enforcement of such liens.