§ 15-21-2 - Creation of lien.
SECTION 15-21-2
§ 15-21-2 Creation of lien. – (a) A child support obligation or reimbursement order which is enforceable bythe department of administration, division of taxation, child supportenforcement, in accordance with Title IV Part D of the Social Security Act, 42U.S.C. § 651 et seq., and which is unpaid in whole or in part shall, as ofthe date on which it was due, be a lien in favor of the obligee or assignee inan amount sufficient to satisfy unpaid child support, whether the amount due isa fixed sum or is accruing periodically. Once a child support lien arises, thelien shall incorporate any unpaid child support which may accrue in the futureand shall not terminate except as provided in § 15-21-4(g). The lien shallencumber all tangible and intangible property, whether real or personal, andrights to property, whether legal or equitable, belonging to the obligorincluding, but not limited to, the obligor's interest in any jointly heldproperty. An interest in personal property acquired by the obligor after thechild support lien arises shall be subject to the lien. Without limiting theforgoing, "property" as used in this chapter shall also include insurance andworkers' compensation payments.
(b) In any case where a lien arises in jointly held property,a non-obligor joint party whose interest appears of record or is otherwiseknown to the department shall receive notice of intent to lien and may requestan administrative hearing with the department to contest the scope of theproperty interests of the lien or may seek judicial review by motion to thefamily court. Service of the notice shall be made by first class mail.
[See § 12-1-15 of the General Laws.]