What is a Child Support Lien in Tennessee?

When parents divorce or separate in Tennessee, the state court prioritizes the child’s needs and best interests above all else. One way this is done is through requiring the non-custodial parent to pay child support to the custodial parent. But what happens if the non-custodial parent fails to pay? How can this financial obligation be enforced? Continue reading to learn more about what a child support lien is and work with an experienced Memphis, Tennessee family law enforcement lawyer for skilled legal advice today.

What is Child Support?

Child support is a non-custodial parent’s legal obligation to contribute financially to their child’s needs. When two parents decide to split up, it is imperative that both individuals continue to support the child. One parent will likely receive primary custody, meaning they will spend the majority of the time with the child and be the custodial parent. The other, who may have partial custody or visitation rights, is considered the non-custodial parent.

The non-custodial parent is generally required to provide financial support to the child in the form of monthly payments to the custodial parent. The money should be used to contribute to the child’s needs and expenses, such as housing, utilities, food, clothing, education, extracurricular activities, and other essential items.

What is a Child Support Lien in TN?

When a parent fails to make their required child support payments, Tennessee state law has a variety of tools available to help enforce the obligation. One method of enforcement is known as a child support lien. A lien places a claim on an individual’s property and gives a creditor the right to secure a debt for payment when a debtor fails to pay.

When a non-custodial parent has arrears from failing to pay child support, a lien can be placed on their personal property. The lien does not give the state or custodial parent ownership of the property, but it places a hold and prevents the non-custodial parent from selling or refinancing without first paying off the debt. In Tennessee, a child support lien can be placed on real estate, vehicles, bank accounts, and other personal property of value.

Tennessee Code § 36-5-901 governs child support liens and states the following.

“In any case of child or spousal support enforced by the department of human services or its contractors… in which overdue support is owed by an obligor who resides or owns property in this state, a lien shall arise by operation of law against all real and personal property, tangible or intangible, then owned or subsequently acquired by the obligor against whom the lien arises for the amounts of overdue support owed or the amount of penalties, costs or fees as provided in this chapter.”

If you are a custodial or non-custodial parent and have questions regarding the enforcement of child support, do not hesitate to contact a skilled family lawyer today.