[OR] How do I place a child support lien on property?

Lexi, Chatbot

I understand that navigating child support issues can be challenging. Have you already obtained a court order for the child support that is owed?

Lexi, Chatbot

Are you the custodial parent or the non-custodial parent in this situation?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they will be able to help with your child support lien.

Ray

Hey there! Welcome to our service. I am Ray, an attorney with many years of experience. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation.

I understand you are looking to put a lien on a property for child support in Oregon. Could you share more about any specific concerns or questions you have regarding this process?

Based on your situation, there are several legal arguments and considerations in Oregon that could potentially support your case:

1. Child Support Liens. In Oregon, a child support lien can be placed on the property of a non-custodial parent who owes child support arrears. This lien acts as a legal claim against the property, ensuring that the owed child support is paid before the property can be sold or refinanced.
2. Court Orders and Enforcement. Since you already have a court order for child support, this serves as a legal basis for enforcing the lien. The court order confirms the amount owed and provides the legal authority to pursue collection through a lien.
3. Arrears and Default. If the non-custodial parent is in arrears, meaning they have not paid the child support as ordered, this strengthens the case for placing a lien. The process typically involves filing the necessary paperwork with the court or relevant state agency to officially record the lien.

Let me know if you have any questions or clarifications; if not, I will move forward with guidance.

Ray

To place a lien on a property for child support in Oregon, follow these steps:

1. Verify the Court Order. Ensure that you have a valid court order for the child support owed. This order is essential, as it legally establishes the amount of arrears and your right to collect it. (OR Rev Stat § 25.089)
2. Calculate the Arrears. Determine the exact amount of child support arrears owed by the non-custodial parent. This will be the amount you seek to recover through the lien.
3. File a Notice of Lien. You need to file a Notice of Lien with the county recorder’s office where the property is located. This document officially records your claim against the property. Include details such as the amount owed, the court order, and any relevant information about the property and the debtor. (OR Rev Stat § 25.529)
4. Serve the Notice. Serve a copy of the Notice of Lien to the non-custodial parent. This informs them of your legal claim against their property. Use certified mail or a process server to ensure proper delivery and keep proof of service.
5. Monitor the Lien. Once the lien is in place, it will remain until the arrears are paid or the property is sold. The lien ensures that you are paid from the proceeds if the property is sold.
6. Consider Legal Assistance. If you are unsure about any part of the process, consider consulting with a family law attorney. They can provide guidance specific to your situation and ensure all legal procedures are correctly followed.

Please let me know if you have further questions.

Ray

Do you have any existing agreements or court orders that specify interest on the child support arrears?

Ray

(2) Except as provided in this subsection, the rate of interest on judgments for the payment of money is nine percent per annum. The following apply as described:

(a) Interest on a judgment under this subsection accrues from the date of the entry of the judgment unless the judgment specifies another date.

Oregon Revised Statutes § 82.010 (2025) – Legal Rate of Interest

If you get a judgment here for arrears, it accrues at nine percent until paid off. If you have an agreement, you can get interest if it provides for it in the agreement.

Ray

When filing a lien for child support arrears, you should file it for the total arrears owed on the date of filing. This ensures the lien accurately reflects the debt at the time it is recorded.

Ray

In Oregon, you generally do not need a judge to sign off on the lien itself. However, the lien is based on the existing court order for child support, which a judge has already approved.

Ray

You would record the judgment in the county real property records, and it liens any real estate and clouds the title until paid off.

Thanks again and all the best.