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 Washington State, 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 various types of property owned by the noncustodial parent, such as bank accounts, real estate, vehicles, or insurance proceeds. The lien acts as a hold on the property, which can secure the payment of the debt. The Washington State Division of Child Support (DCS), which is part of the Department of Social and Health Services (DSHS), has the authority to place a lien on property when child support is past due. The lien can be established automatically without the need for a court order. Entities such as banks, insurance companies, and real estate title companies may be notified of the existence of a child support lien by the DCS, by the attorney representing the parent who is owed support, or through checking state lien registries. In certain situations, the property may be forced into sale by the parent owed support or by the state's child support services to satisfy the lien and collect the overdue child support.