Child Support Judgment Liens
Robert P. Lindfors
Title examiners have increasingly relied upon the
Arizona Homestead Exemption to clear judgment liens from the debtor’s real
property titles.
A.R.S. § 33-1103. The Arizona legislature has
in recent legislative sessions increased the amount of equity to be exempt to
achieve its goal of insulating the family home from creditors’ claims.
I had
recommended in an earlier article that the homestead exemption not be relied
upon to clear recorded judgments for arrearages for child support and spousal
maintenance. I expressed my opinion that the Arizona legislative goal is to
promote the legal process to compel a debtor to pay for the care and support of
his family and not be excused from that obligation. The former spouse and
children are to be benefited by the judgment debtor’s equity in the home. Thus,
the homestead exemptions shielding creditors’ claims have no application to
child support and spousal maintenance judgments.
The
Arizona legislature addressed in 2007 this conflict between court-ordered child
support/spousal maintenance judgments and legislative enacted property
exemptions. An amendment to
A.R.S. § 33-964 and § 33-1103 was enacted to
expressly permit the enforcement of these judgment liens against the homestead
property in favor of the judgment debtor’s children and former spouse. These
statutes now expressly state that the Homestead exemption may not be used to
avoid a judgment lien for child support or spousal support arrearages.
Remember, an award of court ordered support is not a lien for the purposes of
this statute unless one of the following applies:
(a) An arrearage has been reduced to judgment;
(b) A Notice of lien recorded by the Department of Economic Security; or,
(c) The court orders a specific security interest of the property for
support.
Just
as important, the lien for back child support and spousal maintenance does not
expire and become outlawed by lapse of the statute of limitations. Unlike other
judgment liens which are enforceable only for five years unless renewed
periodically, the lien for back child support or spousal maintenance is
enforceable until the debt is paid or the lien is released by reason of A.R.S. §
33-964 A.
Liens
for child support and spousal maintenance do encumber the judgment debtor’s
homestead property. Arizona’s statutes do not exempt the debtor’s homestead.
Require the release of lien when insuring the homestead property.
This article is
made available with the understanding that it is informational only, and it has
not been prepared to provide specific legal advice that may be relied on by a
reader. The author is under no obligation to update the information in the event
of a change in the law. |
