If you are owed back child support, and yet the other parent seems to have money or property for themselves but not the kids, you can obtain a lien against their property to ensure payment.
What Is a Texas Child Support Lien?
Under Texas law, it’s possible to obtain a lien for unpaid child support. There are four kinds of people and/or entities that can pursue a lien for unpaid child support and become formal claimants, including:
– The parent who is entitled to the support, or a private attorney representing the parent
– Any Texas agency providing federally funded (“IV-D”) child support services (e.g., cases where a Texas county is a party to the case, or someone is receiving public assistance)
– A domestic relations office or local registry, and
– Any attorney appointed as a “friend of the court” (a lawyer who is court-ordered to use informal methods, like telephone calls, to ensure the obligor complies with a child support order).
Texas child support liens can be filed against an obligor’s real or personal property, in the amount of any child support that is “due and owing” (e.g., the total amount of child support plus accrued interest, whether it’s been awarded by a court or not). It’s important to know that any amounts—even accrued interest—are considered due and owing even if a court has not issued a judgment stating so.
