Legal Question in Family Law in Oregon

Re: Property Lien Re: Child Support

A lien on real property resulting from a judgment (whether the judgment be for child support or any other type of judicially-approved or judicially-imposed obligation for the payment of money), once it "attaches" to the real property, "runs with the property," meaning it goes with the property, irrespective of any change of ownership, until and unless the lien is satisfied (or otherwise taken care of) and the lienholder files a RELEASE OF LIEN with the county land records office for the county in which the real property is located.

In the case of child support judgment, there might actually be TWO lienholders, one being the parent to whom the child support is owed and the other being a governmental agency (usually a state) that has paid out any public money to support your child, in which case the state would have a lien on the property to the extent of the public money that the state paid out and for which the state has a claim for reimbursement. (This is referred to as unreimbursed assistance.) To the extent that money is owed to the state as unreimbursed assistance, it is not under the other parent's control. She can only satisfy a judgment (and release a lien) to the extent of money owed directly to her. She cannot satisify or release a lien to the extent of money owed to someone else, such as the State of-- name removed.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

503.224.8884

E-mail: [email protected]