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Know the facts about property liens for unpaid child support

On Behalf of | Jul 5, 2024 | Child Support |

In a best-case scenario, both sides understand their child support order, do their best to adhere to it and avoid rancor. Still, some parents do not make the payments as they are required to and legal action must be taken.

While there are several ways in which people can be compelled to pay including a driver’s license suspension, a professional license suspension and passport denial, one tactic that has a negative impact on a person is if they have a lien placed on their property because of unpaid child support. Knowing what this means and how to address it is imperative from the paying parent’s perspective.

Missed child support can spark property liens

When a person is not meeting their child support obligations, a title company will be part of California Child Support Services’ attempt to make sure the parent pays what they owe. CSS is categorized as a creditor with the title company requesting from them that the payments be made.

This will apply to “real” property. That will include a home, a building, the land itself, equipment or interests on the property. The problem with having a lien on the property is that the owner cannot do anything with it until the lien is addressed. For example, if they would like to sell it or refinance a mortgage, they cannot do so until they catch up on their payments and the lien is removed.

Both parents should know about enforcement actions for child support

A property lien can be a major challenge for a person who is supposed to be making child support payments. It can be complicated to clear the lien even after the payments are made and it is vital to know the process.

People who are having trouble making their child support payments must consider their options prior to the issue escalating to the point where there are property liens. It could be possible to work out a payment plan or find some other arrangement. Modifying the agreement is also something to consider. For any issue related to child support, it is wise to be prepared and have advice on how to proceed to avoid long-term problems.

 

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