Order for child support, lien on real estate, when, procedure
When someone owes child support or maintenance payments and doesn't pay, the person owed money (or a government agency) can file a lien against the non-paying person's real estate. A lien means the property is tied to the debt — the debt must be dealt with before the property can be sold or transferred freely. The lien lasts three years and can be renewed every three years as long as money is still owed. It can be released, either fully or partly, once the debt is paid.
454.515. for child support, on , when, procedure — duration, , revival, , when. — 1. A or order for child support or payable in shall not be a lien on the real estate of the person against whom the judgment or order is rendered until the person entitled to receive payments the judgment or order, the or files a lien and the lien is in the office of the of any county in this state in which such real estate is situated in the manner provided for by the supreme court and chapter 511. Thereafter, the judgment shall become a lien on all of the in such county, owned by the obligor at the time, or which the obligor may acquire afterwards and before the lien expires.
2. Liens pursuant to this section shall commence on the day filed and shall continue for a period of three years. A , the division or IV-D agency may a lien by another lien on or before each three-year anniversary of the original judgment. At the time each lien is , all unpaid shall remain a lien for the subsequent three-year period.
3. The lien shall state the name, last known address of the obligor, the last four digits of the obligor's Social number, the obligor's date of birth, if known, and the amount of support or maintenance due and unpaid.
4. A copy of the lien shall be mailed by the person entitled to receive payments under the judgment or order, the division or IV-D agency to the last known address of the obligor.
5. The person entitled to receive payments pursuant to the judgment or order, the division or IV-D agency may execute a partial or total release of the liens created by this section, either generally or as to specific property.
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Source & history notes
(L. 1982 S.B. 468 § 24, A.L. 1984 H.B. 1275, A.L. 1997 S.B. 361, A.L. 2010 H.B. 2056)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.