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 West Virginia (WV), 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 delinquent parent, 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 outstanding child support debt. The lien can be initiated by the parent who is owed child support, their attorney, or by the state's child support enforcement agency, which is part of the Office of the Attorney General. In WV, these liens may arise automatically and do not always require a court order. Entities like banks, insurance companies, and real estate title companies are typically notified of the existence of a child support lien and can check for such liens through a lien registry or a child support lien network. In certain situations, the property may be forced into sale by the owed parent or the state's child support services to satisfy the lien and pay the child support debt.