1. (1) The state IV-D agency is authorized to file a notice of lien against the real and personal property of any noncustodial parent who resides or owns property in the state and owes past-due child support. Liens against personal property other than personal property subject to a certificate of title, shall be filed with the office of the Secretary of State. Upon the filing of the notice, a lien arises by operation of law.
2. (2) The Notice of Lien shall be sent by the state IV-D agency through electronic transmission to the Office of Secretary of State.
3. (3) A digital signature on the Notice of Lien shall authorize the filing of the lien.
4. (4) The lien shall be perpetual in nature.

5. (5) For a case to qualify for filing a lien with the Secretary of State, it must meet the following criteria:

   1. (a) The noncustodial parent’s total arrearages from all cases, including interest, must be at least $1000.00.
   2. (b) The noncustodial parent’s total arrearages from all cases, including interest, must be equal to at least three months current support obligation due under each case.
   3. (c) The balance of the noncustodial parent’s financial account(s) must be at least $5,000.00 as of the date of the financial institution data match.
   4. (d) The custodial parent must not be involved in bankruptcy proceedings.
   5. (e) The noncustodial parent is not a SSI recipient.
6. (6) The Secretary of State will record the information and issue an acknowledgment to the state IV-D agency that the lien has been filed.

Author: Clifford Smith

Statutory Authority: Code of Ala. 1975, §§30-3-191, 30-3-192, and 30-3-198, P.L. 104-193.

History: Emergency rule effective February 25, 2000. New Rule: Filed May 5, 2000; effective June 9, 2000. Amended: Filed July 6, 2001; effective August 10, 2001. Amended: Filed September 11, 2014; effective October 16, 2014. Amended: Filed April 18, 2016; effective June 2, 2016.