Child Support Liens

Clarifies law relating to child support liens to specify that the
lien arising from a child support order or judgment attaches to
property and takes priority over subsequent liens only when the
child support debtor was actually delinquent in payment at the
time of the subsequent lien. (CD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 576D-10.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "576D-10.5  Liens.(a)  Whenever any obligor through
 4 judicial or administrative process in this State or any other
 5 state has been ordered to pay an allowance for the support,
 6 maintenance, or education of a child, or for the support and
 7 maintenance of a spouse or former spouse in conjunction with
 8 child support, and the obligor becomes delinquent in those
 9 payments, a lien shall arise on the obligor's real and personal
10 property and the obligor's real and personal property shall be
11 subject to foreclosure, distraint, seizure and sale, or order to
12 withhold and deliver, which shall be executed in accordance with
13 applicable state law.  No judicial notice or hearing shall be
14 necessary prior to creation of such a lien.
15      (b)  Whenever the dependents of the obligor receive public
16 assistance moneys, the child support enforcement agency or its
17 designated counsel may establish the public assistance debt
18 through an appropriate judicial or administrative proceeding.

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                                                        H.D. 1
                                                        C.D. 1

 1 Upon the establishment of the public assistance debt, it shall be
 2 subject to collection action, and the real and personal property
 3 of the obligor shall be subject to lien and foreclosure,
 4 distraint, seizure and sale, or order to withhold and deliver.
 5      (c)  The child support order or judgment filed through
 6 judicial or administrative proceedings in this State or any other
 7 state shall be recorded in the bureau of conveyances.  The
 8 recordation of the order or judgment in the bureau of conveyances
 9 shall be deemed, at such time, for all purposes and without any
10 further action, to procure a lien on land registered in the land
11 court under chapter 501.  The lien shall become effective
12 [immediately upon recordation of the child support order] when it
13 arises under subsections (a) or (b) and shall attach to all
14 interests in real or personal property then owned or subsequently
15 acquired by the obligor including any interests not recorded with
16 the bureau of conveyances or filed in the land court."
17      (d)  No fee shall be charged the child support enforcement
18 agency or its designated counsel for recording or filing of the
19 liens provided for in this section or for the recording or filing
20 of any releases requested in conjunction with the liens.
21      (e)  Any lien that is provided for by and becomes effective
22 under this section shall take priority over any lien subsequently
23 acquired or recorded except tax liens.

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                                                        H.D. 1
                                                        C.D. 1

 1      (f)  The lien shall be enforceable by the child support
 2 enforcement agency or its designated counsel or by the obligee by
 3 suit in the appropriate court or by bringing an action in an
 4 administrative tribunal or shall be enforceable as a claim
 5 against the estate of the obligor or by any lawful means of
 6 collection.
 7      (g)  The child support enforcement agency, its designated
 8 counsel or the obligee, where appropriate, shall issue
 9 certificates of release upon satisfaction of the lien.
10 Certificates of release of any real property shall be recorded in
11 the bureau of conveyances or filed in the office of the assistant
12 registrar of the land court.  Recordation of the certificate of
13 release shall be the responsibility of the obligor."
14      SECTION 2.  Statutory material to be repealed is bracketed.
15 New statutory material is underscored.
16      SECTION 3.  This Act shall take effect upon its approval.