Okla. Stat. tit. 16, sec 23.4

Child Support Arrearage Liens

History: Time, after the passage of the cited statute, did not permit the development of a standard prior to the 1985 convention of the O.B.A. The Chair of the Title Examination Standards Committee directed the publication of a "Comment" to call attention to the problems inherent in this legislation until a standard could be developed and published. Again, time, after the 1986 amendment to 12 O.S.A. § 1289.1 was passed, did not permit the development of a standard before the 1986 convention of the O.B.A. The Title Examination Standards Committee recommended additions to the "Comment" in its 1986 report, 57 O.B.J. 2677, 2680-81 (1986). The Recommendation was approved by the Real Property Section, November 20, 1986, and adopted by the House of Delegates, November 21, 1986. The 1987 Title Examination Standards Committee recommended this standard in its report, 58 O.B.J. 2839, 2843 (1987). The recommendation was approved by the Real Property Section, November 12, 1987, and was approved by the House of Delegates, November 13, 1987. The 1993 Report of the Title Examination Standards Committee recommended revising this standard to incorporate the renumbering of the former 12 O.S. § 1289.1 to 43 O.S. § 135. The Report also recommended adding a Caveat to note statutory requirements for notice and a hearing to be given a person ordered to make child support payments, 64 O.B.J. 3245, 3249 (10/30/93). The Real Property Section approved the proposed revisions on November 4, 1993 and the House of Delegates adopted the amended standard on November 5, 1993, 64 O.B.J. 3409 (11/13/93). The 1999 Report of the Title Examination Standards Committee recommended revising Standard 23.4 to reflect statutory changes that had been adopted 1997 and 1987. 70 O.B.J. 2931 (10/16/1999). The Real Property Law Section approved the recommendation November 11, 1999; the House of Delegates adopted it on November 12, 1999. 70 O.B.J. 3376 (11/20/1999). In 2001, the Title Examination Standards Committee Report proposed amending Standard 23.4 to reflect the change that 43 O.S. § 135, 2000 Okla. Sess. Laws, ch. 394 § 6 made in the manner in which a lien on real property owned by a person owing child support payments may be evidenced. 72 O.B.J. 3002 (Oct. 13, 2001). The Real Property Law Section approved the proposal November 15, 2001 and the House of Delegates adopted it on November 16, 2001. 72 O.B.J. 3576 (Dec. 8, 2001). The 2014 Title Examination Standards Committee recommended an amendment to Section 23.4E of this Standard to clarify the legal basis for the Standard. The Real Property Law Section approved the proposal November 13, 2014 and the House of Delegates adopted it on November 14, 2014. (superseded document available) The 2024 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following language be stricken from Standard 23.4 as the language is out of date and no longer necessary. (superseded document available)

Title Examination Standards
Chapter 1, App.
Chapter 23. Judgment Liens, Execution and Attachment
§23.4. Child Support Arrearage Liens Pursuant to 43 O.S. § 135.

A lien against real property, then owned or subsequently acquired by a person owing child support payments, is evidenced by filing a statement of judgment with the county clerk of the county where the property is located that complies with 12 O.S. § 706 pursuant to the applicable provisions of 43 O.S. § 135, 43 O.S. § 137 and 12 O.S. § 759.

The 1987 Title Examination Standards Committee recommended this standard in its report, 58 O.B.J. 2839, 2843 (1987). The recommendation was approved by the Real Property Section, November 12, 1987, and was approved by the House of Delegates, November 13, 1987.

The 1993 Report of the Title Examination Standards Committee recommended revising this standard to incorporate the renumbering of the former 12 O.S. § 1289.1 to 43 O.S. § 135. The Report also recommended adding a Caveat to note statutory requirements for notice and a hearing to be given a person ordered to make child support payments, 64 O.B.J. 3245, 3249 (10/30/93). The Real Property Section approved the proposed revisions on November 4, 1993 and the House of Delegates adopted the amended standard on November 5, 1993, 64 O.B.J. 3409 (11/13/93).

The 1999 Report of the Title Examination Standards Committee recommended revising Standard 23.4 to reflect statutory changes that had been adopted 1997 and 1987. 70 O.B.J. 2931 (10/16/1999). The Real Property Law Section approved the recommendation November 11, 1999; the House of Delegates adopted it on November 12, 1999. 70 O.B.J. 3376 (11/20/1999).

In 2001, the Title Examination Standards Committee Report proposed amending Standard 23.4 to reflect the change that 43 O.S. § 135, 2000 Okla. Sess. Laws, ch. 394 § 6 made in the manner in which a lien on real property owned by a person owing child support payments may be evidenced. 72 O.B.J. 3002 (Oct. 13, 2001). The Real Property Law Section approved the proposal November 15, 2001 and the House of Delegates adopted it on November 16, 2001. 72 O.B.J. 3576 (Dec. 8, 2001).

The 2014 Title Examination Standards Committee recommended an amendment to Section 23.4E of this Standard to clarify the legal basis for the Standard. The Real Property Law Section approved the proposal November 13, 2014 and the House of Delegates adopted it on November 14, 2014. (superseded document available)

The 2024 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following language be stricken from Standard 23.4 as the language is out of date and no longer necessary. (superseded document available)