District of Columbia § 46-224 Enforcement of orders by means other than income withholding.

District of Columbia Statutes

§ 46-224 — Enforcement of orders by means other than income withholding.

District of Columbia·Title 46 Domestic Relations.·Ch. 2 Child Support and Medical Support Enforcement.·Subch. I Child Support Enforcement.

(a)A lien is created by operation of law against the real and personal property of an obligor subject to a support order who resides or owns property in the District for amounts of overdue support, as defined by section 466(e) of the Social Security Act, approved August 16, 1984 (98 Stat. 1310; 42 U.S.C. § 666(e)), that are owed by the obligor. In addition to withholding of earnings or other income, this lien shall be separate from and in addition to any other lien created by or provided for under law. The IV-D agency or the custodian to whom support is payable shall have the priority of a secured creditor.

(b)The lien shall be enforceable from the date the lien is filed and recorded in the Office of the Recorder of Deeds of the District of Columbia. A lien may be enforced by the IV-D a

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(a) A lien is created by operation of law against the real and personal property of an obligor subject to a support order who resides or owns property in the District for amounts of overdue support, as defined by section 466(e) of the Social Security Act, approved August 16, 1984 (98 Stat. 1310; 42 U.S.C. § 666(e)), that are owed by the obligor. In addition to withholding of earnings or other income, this lien shall be separate from and in addition to any other lien created by or provided for under law. The IV-D agency or the custodian to whom support is payable shall have the priority of a secured creditor.

(b) The lien shall be enforceable from the date the lien is filed and recorded in the Office of the Recorder of Deeds of the District of Columbia. A lien may be enforced by the IV-D agency or the custodian to whom support is payable. This remedy does not affect the availability of other remedies provided by law.

(c) If a lien has been filed in accordance with subsection (b) of this section, and a person having notice of the lien possesses nonexempt personal property of the obligor that may be subject to the lien, the property may not be paid over, released, sold, transferred, encumbered, or conveyed unless:

(1) A release of lien is signed by the party who filed the lien; or

(2) A court, after notice to the claimant and hearing, has ordered the release of the lien because arrearages do not exist.

(d) The District shall accord full faith and credit to liens described in subsection (b) of this section that arise in another state, if the other state’s IV-D agency, a party to a support action, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise in the District, except that judicial notice or hearing prior to enforcement of the lien shall not be required.

District of Columbia § 46-224 (Enforcement of orders by means other than income withholding.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Feb. 24, 1987, D.C. Law 6-166, § 25, 33 DCR 6710; Apr. 3, 2001, D.C. Law 13-269, § 108(u), 48 DCR 1270; May 12, 2006, D.C. Law 16-100, § 3(x), 53 DCR 1886