Child Support Lien Policy

DCSS-POL-06-5 v.2

 

  1. OVERVIEW
  1. The purpose of this policy is to provide staff and members of the public a working knowledge of child support liens on all property currently owned and/or later acquired by a non-custodial parent (NCP).
  1. APPLICABILITY
  1. This policy applies to all Arizona IV-D program staff performing Title IV-D services.
  1. POLICY
  1. Under state statute, an order to pay child support creates a child support lien by operation of law.The IV-D program may perfect a lien by filing a copy of the child support order with the County Recorder’s office in the county where the NCP owns property. The lien amount includes the amount owed at the time of recording and any amounts that have accrued since.
  1. CRITERIA
  1. All open IV-D cases with a child support court order are eligible for a child support lien.
  1. The DCSS will not pursue a child support lien under the following conditions:
  1. The case is pending closure
  2. The NCP is deceased
  3. The NCP is in bankruptcy
  1. The DCSS may release a property subject to child support lien at any time.
  2. The DCSS must release a lien when closing a case. The lien release does not satisfy any amount of unpaid support or release a lien associated with a recorded judgment.
  1. PROCEDURE
  1. This policy is supported by staff procedures, which identify how actions related to this policy will be conducted, including responsibilities, time frames, and required actions.
  1. AUTHORITY
Federal Authority

42 U.S.C. § 666

Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement

 

State Authority

A.R.S. § 25-508

Enforcement of support orders; fee prohibition

A.R.S. § 25-516

A.R.S. § 25-522(F)

Lien; notice; priority; recording; reciprocity

Administrative review; notice; determination; judicial review; definitions
Policy Revision Date: 2/16/2023
Policy Review Date: 2/16/2023

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