Okla. Stat. tit. 43, § 43-135
This is the official text of Okla. Stat. tit. 43, § 43-135, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Lien for arrearage in child support payments
Official statutory text
A. An arrearage in payment of child support reduced to an order
of the court or administrative order of the Department of Human
Services or any past due payment or installment of child support
that is a judgment and lien by operation of law may be a lien
against the real and personal property of the person ordered to make
the support payments.
B. Past due amounts of child support shall become a lien by
operation of law upon the real and personal property of the person
ordered to make the payments at the time they become past due.
C. 1. A judgment or order providing for the payment of current
support or an arrearage of child support shall be a lien upon real
property owned by the person obligated to pay support or upon any
real property which may be acquired by the person prior to the
release of the lien. Notice of the lien on real property shall be
given by the filing of a statement of judgment pursuant to Section
706 of Title 12 of the Oklahoma Statutes with the county clerk of
the county where the property is located.
Oklahoma Statutes - Title 43. Marriage and Family Page 118
2. If child support services are being provided under the state
child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, the amount reflected in the official records of
the Centralized Support Registry provided for in Section 413 of this
title shall constitute the amount of the lien on the obligor's real
property, regardless of the amount reflected in the statement of
judgment.
3. The judgment or order shall not become a lien for any sums
prior to the date they severally become due and payable. A child
support judgment shall become dormant as a lien upon real property
five (5) years from the date the statement of judgment is filed of
record with the county clerk unless the judgment lien is extended in
accordance with subsection C of Section 759 of Title 12 of the
Oklahoma Statutes.
D. A judgment providing for the payment of an arrearage of
child support or pursuant to which a past due amount has accrued
shall become a lien upon benefits payable as a lump sum received
from a personal injury, wrongful death or workers' compensation
claim of the person ordered to pay the support and shall not be
subject to the exemptions from attachment of Section 1 of Title 31
of the Oklahoma Statutes or as otherwise provided by law. The lien
shall be effective upon the filing of a notice of lien with the
court in which a proceeding for personal injury, wrongful death or
workers’ compensation has been initiated by or on behalf of the
obligor. If a proceeding has not been initiated, a notice of lien
shall be served by mail upon the entity responsible for paying
monies to the person ordered to pay support. A court or the entity
responsible for satisfying the lien may request a certified copy of
the judgment or order be attached to the lien.
E. The provisions of this section shall be available to an
agency of another state responsible for implementing the child
support enforcement program set forth in Title IV-D, of the Social
Security Act seeking to enforce a judgment for child support.
F. The provisions of this section shall not authorize a forced
sale of any real property to enforce a lien which is otherwise
exempted by state law.
G. A lien shall be released upon the full payment of the amount
of the arrearage.
H. The person entitled to support or the Department of Human
Services on behalf of its clients and recipients is authorized to
enforce the liens created pursuant to this section and to execute
releases or partial releases of the liens.
of the court or administrative order of the Department of Human
Services or any past due payment or installment of child support
that is a judgment and lien by operation of law may be a lien
against the real and personal property of the person ordered to make
the support payments.
B. Past due amounts of child support shall become a lien by
operation of law upon the real and personal property of the person
ordered to make the payments at the time they become past due.
C. 1. A judgment or order providing for the payment of current
support or an arrearage of child support shall be a lien upon real
property owned by the person obligated to pay support or upon any
real property which may be acquired by the person prior to the
release of the lien. Notice of the lien on real property shall be
given by the filing of a statement of judgment pursuant to Section
706 of Title 12 of the Oklahoma Statutes with the county clerk of
the county where the property is located.
Oklahoma Statutes - Title 43. Marriage and Family Page 118
2. If child support services are being provided under the state
child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, the amount reflected in the official records of
the Centralized Support Registry provided for in Section 413 of this
title shall constitute the amount of the lien on the obligor's real
property, regardless of the amount reflected in the statement of
judgment.
3. The judgment or order shall not become a lien for any sums
prior to the date they severally become due and payable. A child
support judgment shall become dormant as a lien upon real property
five (5) years from the date the statement of judgment is filed of
record with the county clerk unless the judgment lien is extended in
accordance with subsection C of Section 759 of Title 12 of the
Oklahoma Statutes.
D. A judgment providing for the payment of an arrearage of
child support or pursuant to which a past due amount has accrued
shall become a lien upon benefits payable as a lump sum received
from a personal injury, wrongful death or workers' compensation
claim of the person ordered to pay the support and shall not be
subject to the exemptions from attachment of Section 1 of Title 31
of the Oklahoma Statutes or as otherwise provided by law. The lien
shall be effective upon the filing of a notice of lien with the
court in which a proceeding for personal injury, wrongful death or
workers’ compensation has been initiated by or on behalf of the
obligor. If a proceeding has not been initiated, a notice of lien
shall be served by mail upon the entity responsible for paying
monies to the person ordered to pay support. A court or the entity
responsible for satisfying the lien may request a certified copy of
the judgment or order be attached to the lien.
E. The provisions of this section shall be available to an
agency of another state responsible for implementing the child
support enforcement program set forth in Title IV-D, of the Social
Security Act seeking to enforce a judgment for child support.
F. The provisions of this section shall not authorize a forced
sale of any real property to enforce a lien which is otherwise
exempted by state law.
G. A lien shall be released upon the full payment of the amount
of the arrearage.
H. The person entitled to support or the Department of Human
Services on behalf of its clients and recipients is authorized to
enforce the liens created pursuant to this section and to execute
releases or partial releases of the liens.
Status: in_force · Read it on the official government site
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