At the conclusion of a family law case in Texas, it is possible that you either be named as the parent to whom child support will be paid or the parent who will be obligated to pay child support. Financial support of your children is essential and child support is intended to ensure that your children’s minimal, reasonable needs are met.
The failure to pay child support as ordered creates a situation where your children may be placed in circumstances where financial hardships are the norm. To avoid situations like this, the State of Texas has created certain remedies to help your co-parent collect back child support and hold you accountable for the failure to pay child support. One of those remedies to known as a child support lien.
A lien is a legal claim that is placed against real property (like real estate) or personal property (like the belongings that you own inside your home) due to your owing money to the lien holder. The lien secures your debt because you will not be able to sell or dispose of your property that has a lien attached. For a child support lien, your co-parent to whom the child support is owed, a local domestic relations office, an amicus attorney appointed by a family court, or the Office of the Attorney General may pursue a lien against your property for the failure to pay child support.
In the event that liens are placed against multiple pieces of property that you own, you can position yourself to have a lien removed against a singular piece of property via a Partial Release of Child Support Lien. This partial release would be sent to the attention of the financial institution, asset holder or recorded to notify them that the lien has been released. Your co-parent or their attorney would be able to complete this partial release of child support lien. Please note that the partial release of child support lien is an affidavit- a sworn statement under oath. Therefore, your co-parent or their attorney must complete the form in front of a licensed notary public.
