(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) CSEA assertion
of a lien on real or personal property located in another state.
(1) 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 an OMB 0970-0153,
"Notice of Lien," 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 OMB
0970-0153 should be sent. This form may be accessed on the internet at the
following website address:
http://www.acf.hhs.gov/programs/css/resource/notice-of-lien-form-instructions.
(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.
Five Year Review (FYR) Dates: 3/1/2018 and 03/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 03/01/2018
Promulgated Under: 119.03
Statutory Authority: 3125.25
Rule Amplifies: 3123.66, 3123.67, 3123.70, 3123.73, 3123.74,
3123.77, 3123.78, 3125.03
Prior Effective Dates: 10/01/1985, 01/01/1987 (Emer.),
03/20/1987, 05/01/1992, 01/01/1998, 04/18/2003, 09/01/2005, 06/15/2006,
09/15/2013