Oklahoma § 43-135 - Lien for arrearage in child support payments

§ 43-135. Lien for arrearage in child support payments

A. An arrearage in payment of child support reduced to an order

of the court or administrative order of the Department of Human

Services or any past due payment or installment of child support

that is a judgment and lien by operation of law may be a lien

against the real and personal property of the person ordered to make

the support payments.

B. Past due amounts of child support shall become a lien by

operation of law upon the real and personal property of the person

ordered to make the payments at the time they become past due.

C. 1. A judgment or order providing for the payment of current

support or an arrearage of child support shall be a lien upon real

property owned by the person obligated to pay support or upon any

real property which may be acquired by the person prior to the

release of the lien. Notice of the lien on real property shall be

given by the filing of a statement of judgment pursuant to Section

706 of Title 12 of the Oklahoma Statutes with the county clerk of

the county where the property is located.

Oklahoma Statutes - Title 43. Marriage and Family

2. If child support services are being provided under the state

child support plan as provided under Section 237 of Title 56 of the

Oklahoma Statutes, the amount reflected in the official records of

the Centralized Support Registry provided for in Section 413 of this

title shall constitute the amount of the lien on the obligor's real

property, regardless of the amount reflected in the statement of

judgment.

3. The judgment or order shall not become a lien for any sums

prior to the date they severally become due and payable. A child

support judgment shall become dormant as a lien upon real property

five (5) years from the date the statement of judgment is filed of

record with the county clerk unless the judgment lien is extended in

accordance with subsection C of Section 759 of Title 12 of the

Oklahoma Statutes.

D. A judgment providing for the payment of an arrearage of

child support or pursuant to which a past due amount has accrued

shall become a lien upon benefits payable as a lump sum received

from a personal injury, wrongful death or workers' compensation

claim of the person ordered to pay the support and shall not be

subject to the exemptions from attachment of Section 1 of Title 31

of the Oklahoma Statutes or as otherwise provided by law. The lien

shall be effective upon the filing of a notice of lien with the

court in which a proceeding for personal injury, wrongful death or

workers’ compensation has been initiated by or on behalf of the

obligor. If a proceeding has not been initiated, a notice of lien

shall be served by mail upon the entity responsible for paying

monies to the person ordered to pay support. A court or the entity

responsible for satisfying the lien may request a certified copy of

the judgment or order be attached to the lien.

E. The provisions of this section shall be available to an

agency of another state responsible for implementing the child

support enforcement program set forth in Title IV-D, of the Social

Security Act seeking to enforce a judgment for child support.

F. The provisions of this section shall not authorize a forced

sale of any real property to enforce a lien which is otherwise

exempted by state law.

G. A lien shall be released upon the full payment of the amount

of the arrearage.

H. The person entitled to support or the Department of Human

Services on behalf of its clients and recipients is authorized to

enforce the liens created pursuant to this section and to execute

releases or partial releases of the liens.

Added by Laws 1985, c. 297, § 20, operative Oct. 1, 1985. Amended

by Laws 1986, c. 176, § 4, emerg. eff. May 15, 1986; Laws 1987, c.

230, § 15, eff. Oct. 1, 1987. Renumbered from Title 12, § 1289.1 by

Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c.

356, § 16, eff. Sept. 1, 1994; Laws 1996, c. 233, § 2, eff. Nov. 1,

Oklahoma Statutes - Title 43. Marriage and Family

1996; Laws 1997, c. 402, § 15, eff. July 1, 1997; Laws 1998, c. 323,

§ 11, eff. Oct. 1, 1998; Laws 2000, c. 384, § 6, eff. Nov. 1, 2000;

Laws 2001, c. 407, § 14, eff. July 1, 2001; Laws 2007, c. 201, § 1,

eff. Nov. 1, 2007.