§ 15-21-2. Creation of lien.
(a) A child support obligation or reimbursement order which is enforceable by the department
of administration, division of taxation, child support enforcement, in accordance
with Title IV Part D of the Social Security Act, 42 U.S.C. §â€‚651 et seq., and which is unpaid in whole or in part shall, as of the date on which it
was due, be a lien in favor of the obligee or assignee in an amount sufficient to
satisfy unpaid child support, whether the amount due is a fixed sum or is accruing
periodically. Once a child support lien arises, the lien shall incorporate any unpaid
child support which may accrue in the future
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§ 15-21-2. Creation of lien.
(a) A child support obligation or reimbursement order which is enforceable by the department
of administration, division of taxation, child support enforcement, in accordance
with Title IV Part D of the Social Security Act, 42 U.S.C. §â€‚651 et seq., and which is unpaid in whole or in part shall, as of the date on which it
was due, be a lien in favor of the obligee or assignee in an amount sufficient to
satisfy unpaid child support, whether the amount due is a fixed sum or is accruing
periodically. Once a child support lien arises, the lien shall incorporate any unpaid
child support which may accrue in the future and shall not terminate except as provided
in §â€‚15-21-4(g). The lien shall encumber all tangible and intangible property, whether real or personal,
and rights to property, whether legal or equitable, belonging to the obligor including,
but not limited to, the obligor's interest in any jointly held property. An interest
in personal property acquired by the obligor after the child support lien arises shall
be subject to the lien. Without limiting the forgoing, "property� as used in this
chapter shall also include insurance and workers' compensation payments.
(b) In any case where a lien arises in jointly held property, a non-obligor joint party
whose interest appears of record or is otherwise known to the department shall receive
notice of intent to lien and may request an administrative hearing with the department
to contest the scope of the property interests of the lien or may seek judicial review
by motion to the family court. Service of the notice shall be made by first class
mail.
[See §â€‚12-1-15 of the General Laws.]