Proposal would link support liens to unpaid payments

A child or spousal support payment creates a lien on the payer’s property when due; that lien ends when the payment is made. This applies to payments required by a child or spousal support judgment or order. The lien attaches when a payment is due and ends when that payment is made.

A qualifying payment history is initial proof that support is current and releases the lien for transferring a specific parcel of real property. This applies to child or spousal support orders and a transfer of a specific parcel of real property. The history must show all payments are current and were made as ordered for the previous 12 months, or for the full time the order has been in effect if shorter. The history must come from the Title IV-D Division of the Department of Health and Human Services. The payment history must cover the previous 12 months or, if shorter, the time the order has been in effect.

A person may ask the court that issued the judgment to release property from a support lien or lower the lien’s priority. This applies to requests involving a child or spousal support judgment lien on real or personal property. The person may apply if the creditor refuses to sign a release or the support payments are not current. The court may grant relief only if it finds the request is not meant to avoid payment and would not unduly reduce security for the debt. It may require a bond and may order a creditor who refused without a good faith reason to pay court costs and attorney fees. The applicant must serve the creditor with the application and hearing notice at least 10 days before the hearing.