8.01-460 - Decree for support and maintenance of spouse or infant children of parties as lien on real estate.
§ 8.01-460. Decree for support and maintenance of spouse or infant childrenof parties as lien on real estate.
A decree, order or judgment for support and maintenance of a spouse or ofinfant children of the parties payable in future installments or a monetaryaward for future installments as provided for in § 20-107.3, shall be a lienupon such real estate of the obligor as the court shall, from time to time,designate by order or decree. An order after reasonable notice to the obligoradjudicating that the obligor is delinquent, shall be a lien on the obligor'sreal estate. Liens under this section shall arise when duly docketed in themanner prescribed for the docketing of other judgments for money; however, nosuch decree, order or judgment for support and maintenance or for a monetaryaward in accordance with § 20-107.3 shall be docketed unless so ordered bythe court in such decree, order or judgment. On petition by any interestedperson and after reasonable notice to the obligee, the court in which theobligor was adjudicated delinquent may order the release or othermodification of such lien.
The lien may also be released upon agreement of all persons for whom supportand maintenance is ordered under the decree, order or judgment, provided allsuch persons are sui juris. The clerk shall note the release on the recordupon receipt of an affidavit from all the obligees stating that (i) all theobligees are sui juris and (ii) they agreed to the release of the lien onspecified real property. Any lien created pursuant to this section shallexpire upon the support obligation being paid in full by the obligor. Theclerk may release such liens upon receipt of an affidavit of all the obligeesthat such support obligation has been paid in full, or upon an order ordecree of a court of competent jurisdiction.
(Code 1950, § 8-388; 1977, c. 617; 1979, c. 496; 1985, c. 529; 1989, c. 8.)