§576D–10.5  Liens.  (a)  Whenever any
obligor through judicial or administrative process in this State or any other
state has been ordered to pay an allowance for the support, maintenance, or
education of a child, or for the support and maintenance of a spouse or former
spouse in conjunction with child support, and the obligor becomes delinquent in
those payments, a lien shall arise on the obligor's real and personal property
and the obligor's real and personal property shall be subject to foreclosure, distraint,
seizure, and sale, or notice to withhold and deliver, which shall be executed
in accordance with this section or applicable state law.  No judicial notice or
hearing shall be necessary prior to creation of such a lien.



(b)  Upon the establishment of an order of
support for a prior period, a lien shall arise on the obligor's real and
personal property and the obligor's real and personal property shall be subject
to foreclosure, distraint, seizure, and sale, or notice to withhold and
deliver, which shall be executed in accordance with this section or applicable
state law.  No judicial notice or hearing shall be necessary prior to creation
of such a lien.



(c)  Every order or judgment regarding child
support filed in judicial or administrative proceedings in this State shall be
recorded in the bureau of conveyances.  An order or judgment regarding child
support filed in judicial or administrative proceedings of any other state may
be recorded in the bureau of conveyances.  This recorded lien shall be deemed,
at such time, for all purposes and without any further action, to procure a
lien on land registered in the land court under chapter 501.  The statutory
lien becomes effective when it arises under subsection (a) or (b) and shall
attach to all interests in real or personal property then owned or subsequently
acquired by the obligor including any interests not recorded with the bureau of
conveyances or filed in the land court.



(d)  No fee shall be charged the child support
enforcement agency or its designated counsel for recording or filing of the
liens provided for in this section or for the recording or filing of any
releases requested in conjunction with the liens.



(e)  A recorded order or judgment regarding
child support or public assistance debt becomes effective and takes priority
from the time it is recorded or the time the child support obligation described
therein becomes delinquent, whichever is later.  A statutory lien that is
provided for by and becomes effective under this section shall take priority
over any unrecorded lien whenever acquired, except tax liens previously
acquired.



(f)  A lien shall be enforceable by the child
support enforcement agency or its designated counsel, by the obligee, or by
another agency administering a program under Title IV-D of the federal
Social Security Act, in the following manner:



(1)  By suit in the appropriate court;



(2)  By bringing an action in an administrative
tribunal;



(3)  By filing and serving a notice of child support
lien; or



(4)  By any lawful means of collection.



A notice of child support lien shall state the name
and the last four digits only of the social security number (if available) of
the obligor, the child support enforcement case number, the amount of the lien
and the through date (if applicable), the accruing monthly amount, and the date
on which the order or judgment regarding child support or public assistance
debt was recorded with the bureau of conveyances.  The notice shall require
that whoever is served with a notice of child support lien either satisfy the
lien or obtain a release of the lien prior to disbursing any funds to the
obligor.  The method of service of a notice of child support lien shall be by
certified mail, return receipt requested, or by personal delivery to the individual
or entity referred to.  A copy of the notice of child support lien shall also
be sent to the obligor by regular mail at the obligor's last known address. 
Upon service of a notice of child support lien, the individual or entity served
shall withhold the amount of the lien from the proceeds of any estate,
judgment, settlement, compromise, vacation or holiday pay, or other benefits
due the obligor and deliver the funds to the child support enforcement agency. 
For service effectuated by certified mail, an electronic copy or facsimile of
the signature of the served individual or entity on certified mailers provided
by the United States Postal Service shall constitute valid proof of service on
the individual or entity.  A notice of child support lien may be amended from
time to time until extinguished or released, each amendment taking effect upon
proper service.  A notice of child support lien shall remain in effect until
satisfied, extinguished, or released.



(g)  A lien shall be enforceable by the child support
enforcement agency or its designated counsel or by another agency administering
a program under Title IV-D of the Social Security Act without the necessity of
obtaining a court order in the following manner:



(1)  By intercepting or seizing periodic or lump-sum
payments from:



(A)  A state or local agency, including
unemployment compensation, and other benefits; and



(B)  Judgments, settlements, and lotteries;



provided that unemployment compensation benefits
may be intercepted only to the extent authorized by Section 303(e) of the
Social Security Act;



(2)  By attaching and seizing assets of the obligor
held in financial institutions;



(3)  By attaching public and private retirement funds;
and



(4)  By imposing liens in accordance with this section
and, in appropriate cases, to force the sale of property and distribution of
proceeds.



These procedures shall be subject to due process
safeguards, including, as appropriate, requirements for notice, opportunity to
contest the action, and opportunity for an appeal on the record to an
independent administrative or judicial tribunal.



(h)  The child support enforcement agency, its
designated counsel or the obligee, where appropriate, shall issue certificates
of release upon satisfaction of the lien.  Certificates of release of any real
property shall be recorded in the bureau of conveyances or filed in the office
of the assistant registrar of the land court.  Recordation of the certificate
of release shall be the responsibility of the obligor.



(i)  If there is a dispute between the obligor
and the child support enforcement agency concerning the amount of the child
support lien, the obligor may request in writing an account review.  Upon
receipt of a written request, the child support enforcement agency shall conduct
a review of the obligor's account balance pursuant to its administrative rules.



(j)  Any person or entity failing to satisfy a
notice of child support lien as required by this section, even though able to
do so, shall be personally liable to the child support enforcement agency or
the obligee for the full amount of all sums required to be withheld and
delivered. [L 1989, c 304, §1; am L 1995, c 137, §2; am L 1997, c 293, §29; am
L 2000, c 273, §1; am L 2001, c 95, §1; am L 2002, c 72, §§6, 7; am L 2009, c
115, §3]



 



Rules of Court



 



  Enforcement of order for payment of support, see HFCR rule
69.