California Partition Law Blog
Yes. Child support liens attach to real estate in California both voluntarily and involuntarily. Liens are effectively a public notice of outstanding claims against your property. In the case of child support, a custodial parent can place a lien against the non-custodial parent’s property when they fail to make court ordered payments. Child support liens last until the non-custodial parent resolves their debt by payment in full.
What is a Lien?
Non-custodial parents in California pay the custodial parent child support payments because they do not have primary physical custody of their child(ren). Non-custodial parents enter a payment deficit when they fail to make child support payments, subsequently allowing courts to place a lien on the non-custodial parent’s property. (Code Civ. Proc., § 697.320; Fam. Code, § 17523.)
Liens are public records that attach to a person’s property or assets to secure payment of debts or services. Liens attach to both personal and real property and can impact the property owner’s credit score. Three common types of liens in California are (1) State Tax Liens, (2) Judgment Liens, and (3) Mechanic’s Liens.
- State Tax Liens attach to an individual’s property when they fail to pay taxes. State Tax Liens last for at least 10 years and affect the individual’s credit score. (4 Cal. Real Est. § 10:157.)
- Judgment Liens attach to a debtor’s real property in a county. Judgment Liens last for a maximum of 10 years and can apply to the debtor’s future purchases of real property. (Code Civ. Proc., § 697.310; Cal. Civ. Prac. Real Property Litigation § 4:11.)
- Mechanic’s Liens attach to property when a contracted job is completed but unpaid. Contractors file Mechanic’s Liens within 90 days of a project’s actual completion, or 60 days of the Notice of Completion’s filing, to obtain a financial interest in the property when the property owner does not pay for the completed work. (2 Cal. Real Est. Digest 3d Deeds of Trust § 14.)
Child support liens are a form of judgment liens that prevent the paying non-custodial parent from selling, transferring, or refinancing real property. (Fam. Code § 17523.) When a child support lien is placed against property, it does not take ownership of the property, but like other judgment liens, prevents the non-custodial parent from selling or refinancing the house without resolving the lien by payment in full or negotiations with the lien’s governing authority to obtain a payment plan.
Mechanics of Enforcing Child Support Lien Against Real Property
Creditors, or other parties, can place a judgement lien on the defaulting non-custodial parent by mailing an Abstract of Judgment to the county recorder’s office. (Code Civ. Proc., § 697.390.) Courts issue Abstracts of Judgment to summarize a creditor’s entitlement to the lien; recorded Abstracts of Judgment create general liens ensuring creditors recover the debt when the property is sold or refinanced. (Federal Deposit Ins. Corp. v Charlton (1993) 17 Cal.App.4th, 1066, 1069-70.) Overall, Abstracts of Judgment are written summaries of court judgments that create a public record to make it easier for the creditor to collect the money owed to them.
Properties with multiple liens are subject to the priority system in California Civil Code Section 2897; in most instances, priority is determined using the date of the lien’s creation. (Civ. Code, § 2897.)
Liens implicating child support and other personal debts generally appear as judgment liens, meaning courts possess the authority to impose liens when the non-custodial parent fails to make child support payments. Imposition of the lien can be voluntary or involuntary depending on whether the property owner volunteers their property as collateral or if the court orders the lien against the property owner’s wishes. (Code Civ. Proc., § 697.320.)
Child support liens against real property are created “…by recording a notice of support of judgment, a certified copy of the judgment, an abstract, or an interstate lien form, and it will continue during the entire period that the judgment is enforceable.” (CFLR Cal. Fam. L. Prac. § S.VIII. citing Code Civ. Proc., § 697.320.) The liens extinguish when the property owner, creditor, or debtor record an acknowledge or certificate of satisfaction judgment. (Code Civ. Proc., § 697.400.)
Unlike most liens, child support liens do not transfer with property because they are personal liens and creditors cannot enforce a lien against an owner who has no interest as the debtor. (20th Century Plumbing Co. v. Sfregola (1981) 126 Cal.App.3d 851, 854; Henry v. General Forming, Ltd. (1948) 33 Cal.2d 223, 226.) Likewise, the child and spousal support lien amounts are fixed at the time of transfer or encumbrance, whichever event occurs first; thus, a lien does not transfer when the amount is fixed at zero. (Guess v. Bernhardson (2015) 242 Cal.App.4th 820.)
Child Support Liens Against Personal Property
Child support liens against the non-custodial parents in payment deficits personal property arise under California Family Code Section 17523 either by operation of law for all overdue support or when the court or enforcing agency determines the specific amount of unpaid child support that is owed. (Fam. Code, § 17523(a)(1)-(2); 10 Witkin, Summary 11th P & C § 538 (2024).)
Child support liens take priority over state tax liens if: “(1) the child support lien is filed with the Secretary of State, (2) the notice of child support lien is filed in an action or proceeding in which the obliger may become entitled to property or money judgment, or (3) the levy for child support on personal property is made, before a notice of state tax lien is filed with the Secretary of State pursuant to Section 7171 of the Government Code or filed in an action proceeding in accordance with Section 7173 of the Government Code.” (Fam. Code, § 17523(e).) Personal property liens for child support arising in a different state are enforceable in California to the same extent as liens arising in California. (Fam. Code, § 17523(f).)
What is an Example?
“Shawn” and “Julie” are divorced parents to a minor child. Julie is the custodial parent, and Shawn, as the non-custodial parent, was ordered to pay Julie $500 in monthly child support. Shawn has failed to make regular payments for the last two years and today owes $12,000 in back child support. After several failed attempts to recover the payments, Julie is unsuccessful, and the California Department of Child Support Services (“DCSS”) begins enforcement proceedings against Shawn.
DCSS sends Shawn a formal notice that the lien is being attached to the house he owns in Los Angeles County valued at $700,000. The lien is now a public record attached the home and assert’s the state’s claim to the property due to Shawn’s unpaid child support. Shawn is now unable to sell or refinance the property without resolving the lien by either paying in full or negotiating a payment plan with DCSS. If Shawn fails to resolve the lien, DCSS may eventually foreclose on the property to recover the debt.
Conclusion
Child support liens can complicate the ownership of real property, particularly when attempting to sell or refinance, and potentially even partition proceedings. The Underwood Law Firm has a team of experienced lawyers who can help resolve your property interest disputes at trial and help you pursue solutions like partition actions. We are here to help.