Understanding Child Support Liens in Dallas County: What You Need to Know

Child support liens are a legal tool used to ensure that parents fulfill their financial obligations to their children. In Dallas County, as in many other areas, unpaid child support can lead to the placement of a lien against a parent’s property. If you're facing child support issues or suspect a lien may have been placed on your property, it's important to understand how child support liens work, how to check for them, and what steps to take if one affects you.

What is a Child Support Lien?

A child support lien is a legal claim placed on a person’s property or assets to secure the payment of unpaid child support. The lien ensures that the custodial parent (the parent receiving the support) has a means of collecting the owed support. It can be placed on real property (like a home), personal property, or even wages.

In Dallas County, the Texas Office of the Attorney General (OAG) is responsible for enforcing child support orders. When a noncustodial parent falls behind on payments, the OAG may take steps to collect the overdue amounts, including filing a child support lien.

How Does a Child Support Lien Work in Dallas County?

If a parent owes back child support and doesn't make the required payments, the OAG can place a lien on the parent’s property in Dallas County. This lien acts as a claim on the property, meaning the property cannot be sold or refinanced until the debt is paid off.

Here are the key steps involved:

1. Accumulation of Unpaid Child Support: When a noncustodial parent falls behind on child support payments, the amount owed can accumulate over time. Once the arrears become significant, the OAG may initiate legal action to collect the unpaid support.

2. Filing the Lien: The OAG can file a lien in the county where the parent resides or owns property. In Dallas County, the lien will be recorded with the Dallas County Clerk’s Office. Once filed, the lien becomes a public record, which means it’s accessible to anyone who conducts a title search.

3. Impact of the Lien: A lien can complicate the sale, transfer, or refinancing of the property. If the parent attempts to sell or refinance their property, they’ll need to pay off the outstanding child support debt to clear the lien.

4. Enforcement: If the lien isn’t cleared through payment or other means, the OAG can enforce it by taking additional actions, such as garnishing wages, intercepting tax refunds, or even seizing assets.

How to Check if a Child Support Lien Exists on Your Property in Dallas County

If you suspect that a child support lien has been placed on your property, here’s how to find out:

1. Search Dallas County Public Records:

   • Visit the Dallas County Clerk’s website and access the Real Property Records section. This will allow you to search public records and identify if a lien has been filed against your property.

   • You can search using your property address or your name to determine if there are any child support liens attached to your property.

2. Request a Title Search:

   • You can contact a title company to request a formal title search, which will show all liens, including child support liens. This is particularly useful if you're planning to sell, refinance, or transfer the property and want to ensure that no legal issues will arise during the process.

3. Contact the Texas Office of the Attorney General:

   • If you’re not sure whether a lien has been placed by the OAG or if you need more details on your child support payments, you can contact the Texas Attorney General’s Office. They maintain records of child support orders and can provide information about any liens or enforcement actions.

What to Do If You Have a Child Support Lien

If a child support lien has been placed on your property, it’s important to take action as soon as possible. Here are the steps you can take:

1. Resolve the Child Support Debt:

   • The most straightforward way to remove a lien is to pay the owed child support. Once the debt is paid, the OAG will release the lien, and it will be removed from public records.

   • If you can’t pay the full amount, contact the OAG to discuss payment options or a payment plan.

2. Negotiate with the Texas Attorney General’s Office:

   • In some cases, you may be able to negotiate a settlement or come up with a plan to pay the arrears over time. The OAG may be willing to work with you if you’re making a good faith effort to pay the debt.

3. Consult with an Attorney:

   • If you’re facing difficulties resolving the lien or if you believe it was placed in error, consider speaking with an attorney who specializes in child support or property law. They can help you understand your legal options and may be able to help you challenge the lien if appropriate.

4. Consider Your Property Options:

   • If you plan to sell or refinance your property and the lien is preventing that, you’ll need to work to resolve the lien before proceeding. This may involve paying off the debt or negotiating with the OAG to release the lien once certain conditions are met.

The Bottom Line

Child support liens are an important tool for ensuring that noncustodial parents fulfill their financial obligations. If you're a property owner in Dallas County and you're facing a child support lien, it's crucial to take immediate action to address the situation. By checking public records, paying any outstanding child support, and consulting with legal professionals when necessary, you can resolve the lien and move forward with your property plans.

If you need assistance with child support liens or foreclosure-related issues, The National Overages Finders Alliance is here to help. We specialize in foreclosure consulting, excess fund recovery, and can guide you through any lien or property challenges you may face.

For more information or to schedule a consultation, call us at 866-800-6632.