Any asset held by the non-custodial parent, real or personal, is subject to lien filing if the non-custodial parent accumulates an arrearage. This could apply to assets such as real estate, i.e. land and/or buildings.
What is a Lien?
- A legal claim used to help collect a judgment
- A lien clouds the title so the owner is unable to sell it
- Allows for the seizure and sale of the property, otherwise known as foreclosure
Defining the Parties
- Creditor - The person or entity to which the support arrearage is owed. (Obligee / Custodial parent)
- Debtor - The person who owes the support arrearage. (Non-custodial)
- Claimant - The IV-D agency or private party. The claimant is the person to contact for information about the lien. (CSEA)
Two Types of Liens
There are two kinds of liens that can be filed by the agency on behalf of the creditor (obligee): Administrative Liens
and Judicial Liens
. These enforcement techniques are usually available to the agency when the obligor is either self-employed or incarcerated.
Although the techniques can be used for any case, they are very helpful when the obligor does not keep the CSEA informed of his employer or his location.