A child support lien is a claim against your property until you satisfy your payment obligation. If you owe back child support, the best course of action is working out a payment arrangement to avoid a child support lien. A claim against your property gives the custodial parent the right to your property including any real estate you own. This means you cannot sell the property without first paying the child support lien.
Enforcement
The law enforces child support payments through a variety of measures. Typically, the agency responsible for enforcing child support payments sends notice to your employer asking it to deduct the funds from your wages. However, if you and the custodial parent reach an agreement outside of court, you may have the payments taken from your paycheck by the state agency or simply send the payments directly to your ex-spouse. If you receive unemployment benefits, the state deducts child support payments from your weekly benefits. In addition, the IRS, through its Treasury Offset Program, may reduce your income tax refund if you owe back child support. The state may also intercept your lottery winnings to satisfy delinquent child support payments.
Child Support Lien
The custodial parent at her discretion may initiate a child support lien if you fall behind in your payments. The lien remains in effect until you pay the amount of child support in arrears. Similarly to any other lien, a child support lien gives the custodial parent interest in your property. For instance, a child support lien against your home prevents you from selling it without first paying the financial obligation. However, the custodial parent cannot force you to sell your home, as this is exempt property. Non-exempt property includes cars, boats, bank accounts and other types of personal assets.
Consequences
A child support lien appears on your credit report along with the fact that you've fallen behind in your payments. Employers and creditors have access to this information and use your credit report to make hiring and credit decisions. Some state agencies wait until you are 30 days behind before reporting to the credit bureaus, while others report the information as soon as you are late. The information remains on your credit report for seven years.
Insight
You have the option of petitioning the court for an adjustment of the child support payments if you have lost your job or earn less money. If you receive unemployment compensation, the state automatically deducts your child support payments. However, if you earn less money than what you originally reported, the best course of action is to go to court with proof to have the child support payments reduced. Reaching an agreement with your ex-spouse that doesn't involve the legal system is perhaps the best course of action. Keep an open line of communication with your ex-spouse and develop a plan of bringing your child support payments current.
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