Sec.52-362d-2. Child support liens

(a) When appropriate

A lien on the real or personal property of an obligor to enforce payment of past-due support may be secured in any IV-D case provided:

(1) the total amount of such past-due support is at least $500.00 on any one or a combination of IV-D accounts in a case for which the obligor is responsible;

(2) a notice of action is mailed to the obligor prior to securing the lien;

(3) the obligor is given an opportunity for a fair hearing prior to securing the lien; and

(4) in the case of personal property, the value of the obligor's interest in the property is at least $1,000.00.

(b) Procedure

(1) Notice of action

When a case that may be appropriate for placement of a lien is identified by the department, a notice of action shall be mailed to the obligor by the department.

(2) Prehearing review

The lien shall not be secured if the results of a prehearing review indicate that the case is not appropriate for placement of a lien.

(3) Fair hearing

If a fair hearing is not requested, the lien may be secured no earlier than sixty days after the mailing date of the notice of action. If a fair hearing is requested, the lien shall not be secured unless the fair hearing is denied or dismissed, or a decision which upholds the lien is rendered.

(4) Securing

(A) Real property

To secure a lien on real property, the IV-D agency shall file a certificate of lien in the records of the town or towns in which the property is located.

(B) Personal property

To secure a lien on personal property, the IV-D agency shall follow the procedures contained in the General Statutes applicable to the type of property to be secured.

(5) Release

The IV-D agency shall prepare and mail to the obligor a release of lien when the obligor's past-due support debt is settled to the satisfaction of such agency.

(Effective November 28, 1994; Amended June 8, 1998)