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Child Support Services ENFORCEMENT

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LIENS

    1. The imposition of liens;
    2. Sources to research for possible assets;
    3. The criteria for establishing liens;
    4. The process for establishing liens;
    5. The filing and perfection of liens;
    6. The modification of liens;
    7. Execution on liens;
    8. Discharging liens;
    9. Policy concerning out-of-state liens.
    1. Obtaining a lien is a relatively simple procedure;
    2. The credit rating of the NCP is affected;
    3. The proceeds from sale of the property can be directed toward the payment of the debt;
    4. The psychological pressure of knowing that one's property might be taken could produce the desired payment.
    1. Existence of Other Lien Holders - Since liens are satisfied in the order of filing, caseworkers should review the judgment book to determine if other liens have been filed and whether the sale of the property would likely yield sufficient proceeds to satisfy any prior liens AND the child support lien.
    2. Form of Ownership - It is not possible to establish a lien on any real property that is jointly owned by the NCP and his/her current spouse. However, it might be possible to establish a lien on the non-custodial parent's interest on property that is jointly owned by the NCP and another party.
    3. Value of Property - Consideration should be given to the current market value for such property, as well as to any appraised value and/or equity in the property and its importance to the debtor before determining that the execution of a lien would be profitable.
    4. Cost of the Lien - The potential costs of filing fees, attorney fees, sheriff's fees, the cost to store property after seizure, and any other related costs must be considered when evaluating the anticipated proceeds from the sale of the property. The payment to be applied to the arrearage should be significant enough to make this action appropriate.
    5. Affect on Ability to Pay – Consider whether the seizure of a particular property will cause the NCP to be unable to comply with the order. For example, seizure of an automobile that is needed for transportation to work or of the tools of the NCP's trade can produce payment on an arrearage, but it could also decrease the NCP's ability to make future payments.
    6. Bankruptcy claims - Consult the CSS attorney; in some cases, enforcement actions are ceased until approval of the bankruptcy court is received.
    1. Custodial parent - For potential property information;
    2. DMV - For vehicle ownership, review the N.A.D.A. blue book to get the value of the vehicle;
    3. County Tax Assessment Office - For listings and values of real and personal property such as land, boats, trailers, mobile homes, business property or equipment, and automobiles;
    4. Register of Deeds - For real property and business or farm equipment titled in the NCP's name. If property is found, then contact the tax assessment office for value.
    1. The NCP’s arrearages equal three (3) months of the child support obligation or $3000.00;
    2. Evidence exists that the NCP owns real or personal property; and
    3. The NCP owns property that would satisfy part or all of the lien debt.
    1. The caption and file docket number of the case for which child support was ordered;
    2. The date of the order of support;
    3. The amount of the child support obligation that was established by the order;
    4. The amount of the arrearage as of the date of the statement; and
    5. A request for issuance of transcripts of the docketed statement to any other counties where the NCP has property, if applicable.
    1. The full amount of the lien has been satisfied, CSS generates a Notice Of Reduction Or Satisfaction Of Judgment/Lien (DSS-4474). This Notice is filed with the Clerk of Court. For information the partial reduction of a lien, see Modification of Liens.
    2. The NCP pays the Clerk of Court an amount equal to the amount of the claim and files a petition in the cause, requesting a district court judge to determine the validity of the lien. The money is not disbursed except by order of a district court judge following the hearing.
    3. An unsatisfied lien is discharged under one of the following circumstances:

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