California Code of Regulations
Title 22 - Social Security
Division 13 - Department of Child Support Services
Chapter 6 - Enforcement Actions
Subchapter 6.1 - Immediate Enforcement Actions
Article 3 - Real Property Liens
Section 116130 - Recording/Creating Real Property Liens

Universal Citation: 22 CA Code of Regs 116130

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A local child support agency shall record a real property lien against the real property of an obligor to obtain compliance with money judgments or orders enforced by a local child support agency pursuant to Title IV-D of the Social Security Act. A local child support agency shall prepare and submit for recording a real property lien within 45 days of the date a money judgment or order is received by the local child support agency, a case is opened for enforcement of an existing order or judgment, or an existing order is registered for enforcement. A local child support agency shall not record a real property lien when the order indicates a zero support amount, or when the order is reserved.

(b) A local child support agency shall not record a real property lien against the real property of an obligor who has filed for bankruptcy under Chapter 13, except in those instances where the real property is not part of the bankruptcy estate.

(c) A local child support agency shall record a real property lien for the following types of cases:

(1) Intercounty responding cases.

(2) Intracounty cases.

(3) Interstate initiating cases. Real property liens shall only be recorded if the obligor is known to have or is likely to acquire real property interests in California.

(4) Interstate responding cases.

(d) A local child support agency shall record a real property lien by recording with the county recorder one of the following:

(1) An abstract of support judgment.

(2) An Abstract of Support Judgment (notice of support judgment) Form CA 8580 (7/1/03).

(3) A certified copy of the order/money judgment.

(4) A federal Notice of Lien. The local child support agency shall record such a lien in another state when the custodial party resides in California and the obligor resides in a state other than California only if the local child support agency does not request enforcement by another state through the two-state interstate process as specified in Chapter 7.

(e) A local child support agency shall record a real property lien as follows:

(1) In the county where the obligor resides.

(2) In the counties where the parent(s) of the obligor resides, if known and if different from the county of the obligor.

(3) In the counties where the obligor is known to have, or could reasonably be expected to acquire, real property.

1. New article 3 (sections 116130-116134) and section filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 116130-116134) and section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 14). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of Compliance withdrawn 12-1-2003 and repealer of section by operation of Government Code section 11346.1 (Register 2004, No. 19).
4. New article 3 (sections 116130-116134) and section filed 5-4-2004; operative 5-4-2004 by operation of Government Code section 11343.4 (Register 2004, No. 19).

Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 674, 697.060 and 697.320, Code of Civil Procedure; Sections 4506.1- 4506.2, Family Code; 11 United States Code, Sections 362(b)(2)(B) and 523(a)(18); 42 United States Code, Section 666(a)(4); and 45 Code of Federal Regulations, Section 302.70(a)(4).

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