Quick Answer
Unpaid child support can, under applicable law, create liens or other enforcement claims affecting a person's real estate or sale proceeds. The specific rules for creating, enforcing, and releasing child support liens vary by state.
Child support liens are a specialized area that can arise during a title examination. Unlike other types of liens, child support obligations are governed by family law and specific statutory provisions that vary significantly by jurisdiction.
An important aspect of child support liens is that the debt does not need to originate from a transaction involving the house. A child support obligation may, under applicable law, create a lien against the obligor's real estate or may allow the support enforcement agency to assert a claim against the sale proceeds.
CAN THIS STOP CLOSING?
Depending on applicable law, a child support lien or enforcement claim may need to be addressed before closing. The title company evaluates whether a lien exists, whether it is valid and enforceable, and what is required to satisfy or release it. The key is identifying the issue early. Tell 1st Option Title about any child support enforcement matters when opening title.
FAQs
How is a child support lien created against real estate?
The process varies by state. In some states, unpaid child support automatically creates a lien by operation of law. In others, the child support enforcement agency must take specific steps such as recording a lien notice or obtaining a court order. Consult a family law attorney for state-specific guidance.
Can a child support lien be paid from sale proceeds?
In many states, yes. The child support enforcement agency may have the right to intercept sale proceeds to satisfy unpaid support. The agency may also require a release of any lien before the sale can close.
Does a child support lien have priority over a mortgage?
The priority of a child support lien depends on applicable state law, when the lien was created or recorded, and the specific type of lien involved. There is no universal answer, and the title insurer will evaluate based on the specific facts and governing law.