Encumbrances
Child Support Lien Out of Sate
A lien to enforce a child support obligation, which is created in another state, shall be enforceable against all real and personal property of the obligor located in this state. This lien is to be filed as a Lis Pendens and only in the real estate records of the county clerk’s office in the county or counties where property of obligor exists.
The document must have:
• The person or entity asserting the lien (the person or entity must have the authority to file the lien)
• The authority’s signature must be certified (acknowledged or notarized)
• The person or persons upon whose interest in the property the lien is being filed against
• The document must state the action number and the court in which the action is pending.
• A Preparation Statement (KRS 382.335)** See below
• The clerk shall request a return mail address (KRS 382.240
• Document must be signed by the person or entity asserting the lien or their attorney or agent. This person must be authorized to file the lien.
**US Code Title 42 Chapter 7 Section 666 tells us that a child support lien prepared in another state must comply with their laws – not necessarily our laws. Therefore if an out of state child support lien does not have all recording requirements listed, such as a ‘prepared by’ statement, we should record the document.
