At the conclusion of a child support, child custody or divorce case in Texas, it is possible that you either be named as the parent to whom child support will be paid or the parent who will be obligated to pay child support. Financial support of your children is essential and child support is intended to ensure that your children’s minimal, reasonable needs are met.
The failure to pay child support as ordered creates a situation where your children may be placed in circumstances where financial hardships are the norm. To avoid situations like this, the State of Texas has created certain remedies to help your co-parent collect back child support and hold you accountable for the failure to pay child support. One of those remedies to known as a child support lien.
A lien is a legal claim that is placed against real property (like real estate) or personal property (like the belongings that you own inside your home) due to your owing money to the lien holder. The lien secures your debt because you will not be able to sell or dispose of your property that has a lien attached. For a child support lien, your co-parent to whom the child support is owed, a local domestic relations office, an amicus attorney appointed by a family court, or the Office of the Attorney General may pursue a lien against your property for the failure to pay child support.
Notice of a child support lien amounts to paperwork filed to establish why the lien is valid and follows the various guidelines set up by the state of Texas. As long as your co-parent or their attorney files the Notice of Lien in the county where you reside, own property or where a court has jurisdiction the lien can go into effect. The lien can also be delivered to a financial institution where you have an account. A freeze on your account in the amount of the lien would go into place in that event. Having a child support lien placed on your property is a serious matter. Please consult with one of our experienced family law attorneys in the event this occurs.