Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the procedures that a
child support enforcement agency (CSEA) shall use when it decides to assert a
lien on real or personal property that is owned by an obligor who has been
determined to be in default under a support order. Obtaining a lien does not
affect any other legal remedies available against obligors or their property by
persons entitled to receive support that is in arrears.
(B) A lien can be attached to real property
(real estate) that must be paid off before a subsequent purchaser can take the
property free of the creditor's claim. Sections
3123.66 and
3123.67 of the Revised Code
provide for the assertion of a lien against real and personal property by the
CSEA. Section 3123.73 of the Revised Code
provides that a CSEA is entitled to have real and personal property subject to
the lien sold in accordance with section
3123.74 of the Revised Code.
Chapter 2329. of the Revised Code provides for securing a lien against real
property. Chapter 2715. and section
4505.13 of the Revised Code
provide for the attachment of personal property that includes, but is not
limited to, items such as motor vehicles, guns, electronic equipment, jewelry,
and musical instruments.
(C) CSEA
assertion of a lien on real or personal property located in Ohio.
(1) Pursuant to section
3123.66 of the Revised Code,
when a court or CSEA has issued a final and enforceable determination that an
obligor is in default, the CSEA may assert a lien on any or all of the
obligor's real and personal property that is located in Ohio.
(2) When the CSEA asserts a lien, the lien
shall include the amount of the arrears determined to be in default and any
amounts due for current support that are in arrears after the date of the
default determination.
(3) When the
CSEA asserts a lien on real or personal property, it may file the lien with the
county recorder in each Ohio county in which the CSEA knows that the obligor's
real or personal property that is subject to the lien is located. If requested
by the county recorder, the CSEA shall include any additional documentation or
a self-addressed, stamped envelope for the return of the filed lien.
(a) A CSEA may enter into a contract with the
county recorder using procedures described in rules
5101:12-1-80 to
5101:12-1-80.4 of the
Administrative Code for the purpose of reimbursing the recorder for the cost of
filing liens.
(b) After the CSEA
files a lien, the lien shall apply to after acquired property as
well.
(4) In accordance
with section 3123.69 of the Revised Code, a
CSEA shall, no later than ten days after filing a lien, serve a copy of the
lien by regular mail on both the obligor whose real or personal property is
subject to the lien and the person or state agency in possession or control of
any real or personal property of the obligor.
(5) Pursuant to section
3123.70 of the Revised Code, a
lien shall:
(a) Have priority over liens,
mortgages, security interests, or other types of encumbrances that are
associated with the property that arise after the date the lien is filed;
and
(b) Not have priority over
liens, mortgages, security interests, or other types of encumbrances associated
with the property that arose on or before the date the lien was
filed.
(6) After service
of process as described in paragraph (C)(4) of this rule has occurred, any
person or state agency that releases, sells, transfers, or conveys real or
personal property subject to the lien to or for the benefit of the obligor or
any other person, or fails or refuses to surrender property for the execution
sale shall be liable for the support arrears that are the basis of the lien.
This liability includes costs, interest, and reasonable attorney's fees of the
opposing party pursuant to section
3123.77 of the Revised
Code.
(D)
The CSEA may
assert a lien on real or personal property located in
another state. When a CSEA determines that an obligor
owns or may own real or titled personal property located in a state other than
Ohio, the CSEA may send the JFS 01132, "Notice of Lien" (effective or revised
effective date as identified in rule
5101:12-55-99 of the
Administrative Code) to the state in which the property is located. The CSEA
may contact the interstate central registry in the state where the property is
located to determine the appropriate location where the JFS 01132 should be
sent.
(E) Responding to a lien issued by
another state.
(1) When the office of child
support (OCS) within the Ohio department of job and family services (ODJFS)
receives a copy of a lien filed in another state, a copy of the child support
order, and a copy of the court or administrative determination finding the
obligor to be in default under the child support order, OCS shall examine the
lien and other documents and determine whether the lien is in compliance with
federal child support law and regulations.
(2) When OCS determines that the lien is in
compliance with federal child support law and regulations based on the
documentation received, OCS shall determine in which Ohio county or counties
the obligor's real or personal property that may be subject to the lien is
located.
(3) On making the
determination, OCS shall send a copy of the lien to the CSEA in each county in
which the property is located.
(4)
Upon receipt of the lien from OCS, the CSEA shall assert the lien in accordance
with paragraph (C) of this rule.
(5) In accordance with section
3123.68 of the Revised Code, OCS
and each court and CSEA shall give full faith and credit to a lien that is
similar to a lien described in section
3123.67 of the Revised Code that
was established by an authorized agency of another state.
