Obtaining Property Liens for Unpaid Child Support
If you have child support owed to you, you could have a lien placed on the property of the delinquent payer. This is a legal notice that informs the public (and creditors) that there are claims against the individual.
In most cases, the parent with custody files the lien in the same office in which property is recorded and registered. A lien on a house, for example, would be filed in the same county where the house is located. The lien stays on the property either until the child is no longer entitled to support and all debts have been paid, or until the parent with custody agrees to have the lien removed.
There are some situations in which you might be required to get a judgment for arrears before you seek to put a lien on the property. However, most states do allow liens to be placed on property if the parent misses court-ordered payments.
Potential opposition to liens
Individuals with a lien on their property may attempt to oppose the lien by arranging for a hearing with the judge and claiming that it impairs their ability to meet their support obligations. One common argument would be that if the lien is placed on a house and prevents the individual from borrowing money to make the payments, the lien must be removed. The payer will need to provide evidence in the form of loan rejection letters and credit scores to prove the lien has caused these rejections.
If you would like further information on child support in New York, speak with a respected Long Island divorce attorney at Bryan L. Salamone & Associates.