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Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children

What is FIDM? > Freeze/Seize Process > Statutory Requirements

Definitions

A lien is a legal claim against someone’s real or personal property as security against a debt or obligation.  A lien impedes the debtor's ability to transfer the property.  The debtor must satisfy the lien before the property may be sold or transferred.  A levy is an actual collection or seizure of the property.  Liens and levies are governed by State law.  State laws on the use of liens vary.  For example, some States require a certain dollar amount of child support debt before a lien can be imposed.  State procedures for imposing a lien and executing a levy are also very diverse. 

Resources

The following are formal issuances from the Federal Office of Child Support Enforcement:

  • Action Transmittal AT- 97-19, dated November 20, 1997, standardized forms for imposition of liens;
  • Dear Colleague Letter DCL 99-48, dated May 14, 1999, matrix of State information for liens on real property;
  • Dear Colleague Letter DCL 99-89, dated September 9, 1999, a freeze and seize matrix for liens against financial accounts; and
  • Policy Interpretation Question, PIQ 99-06, dated August 16, 1999, Direct Imposition of Liens and Levies Across State Lines.

Federal Statutory and Regulatory Background

Section 466(a)(4) of the Social Security Act provides that:

  • Liens arise by operation of law, so that a lien is automatically created as soon as child support becomes past due; and
  • States give full faith and credit to child support liens arising in other States and liens that arise in one State must be recognized in other States, but the other State must still comply with due process rules regarding liens except it cannot require judicial notice or hearing prior to enforcement of the lien.  Liens that lawfully arise in one State are to be recognized in another State, for the same encumbrance value as the lien in the State of origin.

Section 466(c)(1)(G) of the Act requires States to have the ability to attach and seize assets held in financial institutions, in those cases with support arrearages, administratively and without the necessity of obtaining an order from any other judicial or administrative authority.

Last Updated: September 11, 2006