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ID H0193

Bill

Status

Engrossed

3/1/2021

Primary Sponsor

Judiciary, Rules and Administration Committee

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Origin

House of Representatives

2021 Regular Session

AI Summary

  • Automatic lien attaches to real and personal property of an obligor upon child support delinquency, and for self-employed obligors also attaches to business property, intellectual property, and ownership interests in businesses or intellectual property.

  • Lien may be perfected by filing with the secretary of state when delinquency equals or exceeds $2,000 or 90 days of unpaid support, whichever is less, and automatically includes all subsequently arising delinquencies.

  • Lien is automatically released when underlying delinquency reaches zero balance or is otherwise satisfied, and obligor must receive certified mail notice at least 10 days before lien enforcement.

  • All new or modified child support orders must include notice that a lien will arise automatically upon delinquency.

  • Court may order self-employed parents to undergo audit of federal and state tax returns performed by a licensed accountant at the parent's expense, and shall consider the parent's proportionate share of adjusted gross income from any business ownership interest as financial resources for calculating child support.

Legislative Description

Amends existing law to provide that a lien for child support delinquency attaches to certain property and to provide for calculation of a self-employed parent's financial resources for purposes of determining child support.

CHILD SUPPORT

Last Action

Reported out of committee; to 14th Order for amendment

3/18/2021

Committee Referrals

Judiciary and Rules3/2/2021
Judiciary, Rules and Administration2/17/2021

Full Bill Text

No bill text available