§ 15-21-4 - Notice of lien.
SECTION 15-21-4
§ 15-21-4 Notice of lien. – (a) To perfect a lien with respect to real property, the department shall filea notice of lien with the recorder of deeds for the city or town in which theproperty is located. The recorder of deeds shall index the notice of intentunder the name of the obligor in the grantors index. The filing of a notice ofintent of the lien or of a waiver or release of the lien shall be received andregistered or recorded without payment of a fee.
(b) To perfect a child support lien with respect to personalproperty, the department shall file a notice of lien with the secretary ofstate's office, the administrator of the division of motor vehicles, or anyother office or agency within the state responsible for the filing or recordingof liens. The filing of a notice of intent of the lien or of a waiver orrelease of the lien shall be received and registered or recorded withoutpayment of a fee.
(c) If any obligor against whom a notice of intent to createa child support enforcement lien has been filed according to this section:
(1) Fails to request a hearing within the time frame provided;
(2) Fails to appear; or
(3) Neglects or refuses to pay the sum due after theexpiration of thirty (30) days after a hearing is conducted by the departmentpursuant to § 15-21-3, at which the determination is made the obligorparent is in arrears.
(d) The notice of intent as filed shall be deemed and operateas a lien which is perfected by the department by the filing of a notice oflien. The notice of lien shall specify the property to be attached and theamount of the arrearage due and shall be filed in the office or city or townwhere the notice of intent was originally filed.
(e) The lien shall have priority over all subsequent liens orother encumbrances, subject to the provisions of § 6A-9-322 and with theexception of any lien for taxes. A child support lien that has been perfectedshall encumber after acquired personal property or proceeds.
(f) If the collection of any unpaid child support will bejeopardized by delay or exigent circumstances, as defined by rules promulgatedby the director, the department may apply to the family court for an order torestrain the obligor parent from encumbering, moving, selling, or in any waytransferring any real or personal property which may be subject to theprovisions of this section.
(g) The lien shall expire upon either termination of acurrent child support obligation and payment in full of unpaid child support orrelease of the lien by the department. In any event, a lien under this chaptershall not expire until satisfied and discharged. Expiration of the lien shallnot terminate the underlying order or judgment of child support. The departmentmay issue a full or partial waiver or partial release or full discharge of anylien imposed under this section and shall file the waiver, release, ordischarge without fee in the city or town or office where the original lien wasfiled within ten (10) days of the obligor's compliance with this section. Thewaiver or release or partial release or full discharge shall be conclusiveevidence that the lien upon the property covered by the waiver or release isextinguished.
[See § 12-1-15 of the General Laws.]