Child support liens are a vital enforcement tool, compelling parents to meet their child support duties. These liens attach to an obligor’s assets, serving as a strong motivator for payment and a reliable method for collecting overdue support, thus benefiting the children for whom the support is intended. Please continue reading as we explore what you should know about these matters and how an experienced Bristol County Child Support Lawyer can assist you.
What Are Child Support Liens?
In Massachusetts, a child support lien is a legal claim placed against an obligor’s (the parent ordered to pay child support) property or assets to secure overdue child support payments, commonly referred to as arrears. This is a powerful tool utilized by the Department of Revenue’s Child Support Enforcement (DOR/CSE) to ensure parents meet their financial obligations to their children. If a parent fails to make timely child support payments, a lien can be placed on their assets. These assets can include real estate, personal property, bank accounts, or future income.
A child’s support lien’s primary function is to ensure that outstanding child support debt is settled before the obligor’s property can be sold or transferred. Typically, any asset with a lien must have the child support arrears paid from the sale proceeds for the transaction to proceed. This safeguards the children’s financial stability by securing the collection of support payments.
Child support liens arise when arrears accrue, though the exact filing and enforcement procedures differ by jurisdiction. Once a certain amount of child support arrears accumulates or specific administrative steps are taken by the child support agency, support orders automatically become liens against both real and personal property. These liens are usually filed with county recorder’s officers or other pertinent governmental departments to provide public notice of the debt, making it challenging for the obligor to sell or transfer assets without the lien being discovered. The enforcement of child support liens can involve property seizure and sale, bank account levy, tax refund intercept, credit reporting, and even license suspension.
It’s pertinent to note that child support liens have priority over many other types of debts. This means they must be satisfied before other creditors can claim proceeds from the sale of an asset. This priority underscores the public policy interest in ensuring that children receive the financial support they are owed by both parents.
How Do I Defend Myself?
A lien grants the custodial parent the right to force the sale of your property or to collect payment when the property is sold or refinanced. Your strongest defense is to request a hearing before a judge. At this hearing, an attorney can argue that the lien negatively impacts your ability to meet your current support obligations. For instance, if the lien on your house prevents you from securing a loan to pay child support arrears, you can argue this to the judge. You will likely need to provide copies of loan rejection letters that specifically state the lien caused the rejection due to its impact on your credit rating.
For more information, please don’t hesitate to contact an attorney at The Law Offices of Cynthia L. Hanley, P.C.
