Okla. Stat. tit. 16, sec 23.4
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 as follows:
A. On or after October 1, 1985 but prior to May 15, 1986 . By filing a certified copy of an order of a district court or an administrative order of the Department of Human Services evidencing an arrearage in child support payments with the clerk of the county in which such property is located, which lien relates back in time to when the arrearage was reduced to judgment, is created and is superior to all other liens except the lien of a first mortgage. Authority: 43 O.S. § 135; 1985 Okla. Sess. Laws, ch. 297, § 20. Comment: The party authorized to release this lien is not identified by the statute creating said lien. B. On or after May 15, 1986, but prior to October 1, 1987. By filing a certified copy of an order of a district court or an administrative order of the Department of Human Services evidencing an arrearage in child support payments with the clerk of the county in which such property is located, which lien shall exist from the time the order is filed of record . The priority of this lien is established by the time that the order is filed of record. Authority: 43 O.S. § 135, renumbered from 12 O.S. § 1289.1 by 1989 Okla. Sess. Laws, ch. 33, § 1, effective November 1, 1989. Comment: Liens for arrearages in child support payments created by orders filed on or after May 15, 1986, may be released by the person entitled to the support or the Department of Human Services on behalf of its clients and recipients. For purposes of identifying the parties on whose behalf the Department of Human Services may release the above-described liens, a "recipient" is defined as a party who has assigned to the Department of Human Services his or her rights to support from another person in consideration of receiving aid to families with dependent children, 56 O.S. § 237(C)(1), and "client" is defined as a party, not receiving aid to families with dependent children, who has applied to the Department of Human Services to collect his or her child support payments, 56 O.S. § 237(D).
C. On or after October 1, 1987, but prior to July 1, 1997. By filing:
1. a certified copy of an order of a district court or an administrative order of the Department of Human Services evidencing an arrearage in child support payments with the clerk of the county in which such property is located, which lien shall exist from the time the judgment or order is filed of record, or 2. a certified copy of a judgment or order, providing for payment of child support pursuant to which a past due amount has accrued, with the clerk of the county in which such property is located, which lien shall exist from the time a past due amount has accrued and notice and opportunity for a court or administrative hearing to determine the amount that is past due has been given to the person ordered to make such payments. Authority: 43 O.S. § 135; 1987 Oka. Sess. Laws, ch 230, § 15.
D. On or after July 1, 1997, but prior to November 1, 2000. By filing: 1. a certified copy of an order of a district court or an administrative order of the Department of Human Services evidencing an arrearage in child support payments with the clerk of the county in which such property is located, which lien shall exist from the time the judgment or order is filed of record, or 2. a certified copy of a judgment or order, providing for payment of child support pursuant to which a past due amount has accrued, with the clerk of the county in which such property is located, which lien shall exist from the time a past due amount has accrued and, prior to implementation of the central payment registry, notice and opportunity to contest the amount past due has been given to the obligor. If the payments are made through the central payment registry (as created by 43 O.S. § 410 et. seq.), past due amounts of child support shall become a lien upon real property of the person ordered to make such payments at the time such payments become past due. Authority: 43 O.S. §§ 135, 410 et seq; 1997 Okla. Sess. Laws, ch. 402 § 15. Note: The examining attorney should be aware of the possibility of undisclosed liens pursuant to the procedures outlined above. See First Community Bank of Blanchard v. Hodges, 907 P. 2d 1047 (Okla. 1995).
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)