Judgment Lien Forms With Child In Illinois
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Release of Lien A child support lien may be released in Illinois by the following steps. First, the obligor must record a notice of filing and an affidavit stating that all payments have been made. Second, these documents must be recorded with the recorder in the county in which the lien appears on record.
How does a creditor go about getting a judgment lien in Illinois? To attach a lien, if the debtor's property is located in the same county where the judgment was entered, the creditor files the judgment with the county recorder.
In an effort to reduce debt burdens on Illinois citizens as well as encourage parents to make their child support payments, the State of Illinois has implemented the Clean Slate Program. The Clean Slate Program is an initiative to help parents erase child support debts owed to the State of Illinois.
Most judgment liens last for 10 years and can be renewed for another 10 years. For example, the creditor could place a judgment lien on your home which would inhibit you from selling the property without first paying the creditor what you owe.
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.
Release of Lien A child support lien may be released in Illinois by the following steps. First, the obligor must record a notice of filing and an affidavit stating that all payments have been made. Second, these documents must be recorded with the recorder in the county in which the lien appears on record.
A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. 750 ILCS 16/20(e).
Illinois law governs the time limit for enforcing judgment and states “no judgment shall be enforced after the expiration of 7 years from the time the same is rendered.”1 The same statute allows the 7-year limitation period to be extended “upon the revival of the judgment by a proceeding.”
The judgment acts as a lien on real estate for seven years from the time it was entered, unless the judgment is revived before the seven-year period lapses. 305 ILCS 5/12-101(d).
Generally, judgments expire after ten years.
