In family law, there are several remedies at the court’s discretion that comprise the toolbox of Family Law. One of these tools is the Child Support Lien.
A “lien” is a recorded claim against property such as real estate. This property can be seized or sold to satisfy and discharge the lien. This process, in the child support context, is just like a foreclosure.
If a parent of your children owes back child support and has no income, the family law court may decide to investigate any real property he owns. The Court would then place a lien on that property which would be recorded in the Office of the Clerk of Court in the county where the property is located. The child support lien, once it has been recorded, is just like a mortgage on a house. In a traditional foreclosure, if a homeowner falls behind on house payments, the bank can, after meeting certain procedural requirements, foreclose on the house. By filing a child support lien, the parent filing the lien is in effect stepping into shoes just like the bank. You can foreclose after meeting procedural requirements.