5) What does it mean to “perfect” a lien?
To “perfect” a lien means that to the FOC notifies the property owner that the property is subject
to a lien and records the lien at the appropriate property office. The type of property will determine
how the FOC office perfects a lien.
6) What information does the friend of the court office need to perfect a lien?
Before an FOC office can perfect a lien, it must have enough information to identify the property.
For real estate, the office must know the county where the property is located and, if possible, the
address or legal description of the land. For cars, motorcycles, recreational vehicles, and boats, the
FOC must know the year and make of the vehicle and, if possible, the Vehicle Identification
Number (VIN) or license plate number.
7) Does the FOC have to put a lien on my property if I fail to pay my support on time?
The FOC is not required to perfect or enforce a lien. For example, the FOC may determine that the
value of the property is too small to make the process worthwhile. On the other hand, the FOC
may conclude that other, simpler methods will collect the past-due support in a reasonable amount
of time.
8) Does a lien guarantee that past-due support will be paid?
No. To convert the lien into cash requires additional procedures, including selling the property at
a court-ordered sale. The FOC may determine that those actions are too costly compared to the
amount of past-due support or the value of the property.
9) How do I request a review of a lien?
As soon as an FOC office perfects a lien, it must give the support payer an opportunity to object
to the lien’s validity within the next 21 days. If an objection is filed, the court will hold a hearing.
A lien can only be reviewed by the court if there is a mistake as to the amount due, or a mistake in
identity; the person at court does not have the alleged child support past-due amount.
10) How do I remove a lien?
The FOC will remove a lien when the property owner pays all past-due support or when a court
orders the lien removed. The FOC also will remove the lien if the payer does not own the property,
or if the support payments were less than two months past due when the FOC mailed the lien notice
to the payer.
11) How does the FOC use a lien to collect money to pay the past-due support?
First, the FOC office must notify the support payer that it intends to use the lien by taking money
from the payer’s bank or selling other property. A lien on property requires the FOC to get a court
order before the property can be taken. The FOC cannot take more money or valued property than
what the payer owes on the support obligation. The FOC must return any extra money to the
support payer.