A lien is a claim that effectively places a hold or freeze on property (bank accounts, real estate, a car or truck, insurance proceeds) to ensure payment of a debt by the owner of the property. In the child support context, a parent who is owed child support—or the state’s child support services in the Office of Attorney General—may place a child support lien on property owned by the parent who owes child support.
In most states this child support lien arises automatically and without the need for a court order. Banks, insurance companies, and real estate title companies are given notice of a child support lien (1) by the attorney for the parent who is owed child support; (2) by the state’s child support services; or (3) by checking a lien registry or child support lien network for liens. In some circumstances the parent who is owed child support, or the state’s child support services may force the sale of property to satisfy a child support lien.
In Missouri, a child support lien can be used as a legal tool to secure payment of overdue child support from a non-custodial parent. When a parent fails to pay child support, the custodial parent or the Missouri Family Support Division (FSD) can place a lien on the delinquent parent's property. This lien applies to various types of property, including bank accounts, vehicles, real estate, and insurance proceeds. The lien ensures that the property cannot be sold or transferred without addressing the owed child support. In Missouri, the process for establishing a child support lien does not necessarily require a court order and can be initiated by the FSD or an attorney representing the custodial parent. Once a lien is in place, it is typically recorded and made public, which can be done through the Missouri Automated Child Support System. Financial institutions and other entities are notified of the lien and are required to freeze the assets until the debt is satisfied. In some cases, the property may be forced into sale by the custodial parent or the state to recover the child support owed.