15.852 Interstate lien to enforce Kentucky child support obligation -- Lien to

518 words·~2 min read·/ky/15-852

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

enforce obligation created in another state -- Priority of out-of-state lien --

Certification of authority.

(1)An interstate lien may be created and a notice of interstate lien may be filed on all

of an obligor's real and personal property that is located in another state to enforce a

child support obligation which has been judicially or administratively established in

the Commonwealth. The lien shall be filed in the appropriate offices of the state or

county where the property of the obligor is located. All aspects of the lien,

including its priority and enforcement, are governed by the law of the state where

the property is located and shall remain until released by the authorized agent of the

party which filed the lien, or in accordance with the laws of the state of filing.

(2)A lien to enforce a child support obligation which is created in another state shall be

enforceable against all real and personal property of the obligor located in this state

upon the filing of a notice of interstate lien with the county clerk of any county or

counties in which the obligor has interest in property, and the notice shall be

recorded in the same manner as notices of lis pendens. The recordation shall

constitute notice of both the original amount of child support due and all subsequent

amounts due by the same obligor. Upon request, an authorized agent of the party

which filed the notice of interstate lien shall disclose the specific amount of liability

to any interested party legally entitled to that information. The notice, when so

filed, shall be conclusive notice to all persons of the lien on the property having

legal situs in that county. The lien shall commence as to property of the obligor

located in the Commonwealth at the time the notice is filed and shall continue until

the original amount of child support due and any subsequent amounts, including

interest, penalties, or fees, are fully paid. The lien shall attach to all interest in the

real and personal property in the Commonwealth, then owned or subsequently

acquired by the obligor. The clerk shall be entitled to a fee pursuant to KRS 64.012

for filing the lien and the same fee for releasing the lien.

(3)A child support lien created in another state shall be on a parity with state, county,

and municipal ad valorem tax liens, and superior to the lien of any mortgage or

other encumbrance created after the notice of interstate lien is recorded; however, it

shall be subordinate to any child support lien which has been filed by the Office of

the Attorney General as to the same obligor and property.

(4)The authority by which the child support lien is created in another state and filed in

this state shall be certified on the notice of interstate lien by a person who is

authorized to certify on behalf of the party that is filing the notice of interstate lien.

(5)The Office of the Attorney General may promulgate administrative regulations

under the provisions of KRS Chapter 13A to implement this section.