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 Wisconsin, a child support lien can be placed on a noncustodial parent's property to ensure payment of overdue child support. This lien can be applied to various types of property, such as bank accounts, real estate, vehicles, and insurance proceeds. The lien serves as a legal claim against the property, which can prevent the owner from selling or refinancing the property without first satisfying the outstanding child support debt. The Wisconsin Department of Children and Families (DCF) operates the child support program and can place liens without a court order. The DCF, or an attorney representing the custodial parent, can notify financial institutions and other relevant parties of the lien. In some cases, the property may be sold to satisfy the lien. Wisconsin also participates in the Child Support Lien Network (CSLN), which is a national database used to facilitate the discovery and enforcement of child support liens across state lines.