Under Texas law, it's possible to obtain a lien for unpaid child support. There are four kinds of people and/or entities that can pursue a lien for unpaid child support and become formal claimants, including: the obligee parent, or a private attorney representing the parent.
The county where the obligor is believed to own nonexempt personal or real property, or. the county where the child support court has jurisdiction (meaning authority to hear the case).
Notice of Lien (1 TAC 55.119(a)) This form serves notice that a custodial parent has placed a lien on a noncustodial parent's property for unpaid child support.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
With such a broad categorization, everyone from contractors to architects has the ability to file a mechanic's lien if their work or materials go unpaid. Additionally, in Texas, there is no legal distinction between a contractor and a subcontractor when it comes to legal authority to file a lien.
The first step in lien release or removal is to contact the judgment creditor or its attorneys, inform them that the lien is invalid (see Part One below) or is currently showing against the homestead (see Parts Two and Three below) and then make formal demand that the creditor execute a partial release—or legal action ...
If the other parent does not agree to dismiss the child support arrearage, file a motion in court and ask a judge to dismiss the arrearage. Then, ask the judge to schedule a hearing date. At the hearing, you will be allowed to present evidence as to why the judge should dismiss the arrearage.
(a) An obligor who believes that a child support lien has attached to real property of the obligor that is the obligor's homestead, as defined by Section 41.002, Property Code, may file an affidavit to release the lien against the homestead in the same manner that a judgment debtor may file an affidavit under Section ...