V.I. Code tit. 16, § 376 (2019)
2019 US Virgin Islands Code|Title 16 - Domestic Relations|Chapter 13 - Support of Relations|Subchapter I - Civil Liability for Support|§ 376. Liens for child support arrearages

 (a) In any case of child support, or spousal support ordered in connection with child support, enforced by the Division, in which overdue support is owed by the obligor who resides or owns property in the Virgin Islands, and notwithstanding any law to the contrary, a lien shall arise by operation of law against all real and personal property, tangible or intangible, then owned or subsequently acquired by the obligor against whom the lien arises, for the amounts of overdue support owed, including any penalties, costs or fees as may be provided for by law. (1) The Director of the Division, or his or her designee, may cause a notice of such lien on real property or upon any personal property to be recorded in the appropriate place for filing of a judgment lien or security interest in the property. This notice, to be promulgated by the Director of the Division, may be filed by automated means where feasible. (2) Nothing herein shall require the Division to file a notice of lien for the seizure of an obligor's assets. (b) The lien issued pursuant to subsection (a) of this section shall be superior to all liens and security interests created under Virgin Islands law, and shall be effective until the obligation is paid, except: (1) Deeds or mortgages which are recorded prior to the recordation of the Division's notice of lien; (2) Security interests created pursuant to the Uniform Commercial Code which are perfected prior to the recordation of the Division's notice of lien. (c) Full faith and credit shall be accorded to liens arising in any other State for cases of child or spousal support enforced by the Title IV-D Agency of the other State for all overdue support, as defined by the other State, when that State complies with the procedural rules relative to the recording or serving of liens that arise within the Virgin Islands. The Division may enforce the liens arising pursuant to this subsection. (d) There shall be a rebuttable presumption concerning property which is subject to this section, except where otherwise clearly noted by the evidence of title or otherwise, that at least one-half of all real or tangible personal property which is titled to or in the possession of the obligor is owned by the obligor who is subject to the lien, except that jointly held accounts in any financial institution shall be rebuttably presumed to be available in whole to the obligor. (e) In cases where there is an arrearage of child support, or spousal support in connection with child support, in a case processed by the Division, or in cases in which a lien otherwise arises pursuant to this section, the Division is authorized, consistent with the authority established in Title 3, section 119 of this Code, and without further order from the court or Administrative Hearing Office, to secure the assets of the obligor to satisfy the arrearage by issuing a Division Administrative Order, as defined in subsection (f) of this section, to: (1) Intercept or seize periodic or lump-sum payments or benefits due the obligor from any Virgin Islands agency, from court or administrative judgments or settlements, and lottery winnings; or (2) Attach and seize assets of the obligor held in a financial institution; or (3) Attach public and private retirement funds; or (4) Force the sale of the obligor's legal or equitable interest in property and by distribution of the proceeds of such sale. (f) The seizure or sale of assets pursuant to subsection (e) of this section shall be enforced by a Division Administrative Order, signed by the Director of the Division or his or her designee. The Order shall direct the person or entity to hold, subject to the due process rights set out in this section, all assets of any kind of the obligor who is subject to the Order pending the outcome of the due process procedures. The Order shall be based upon and issued pursuant to an existing court or Administrative Hearing Office order, or an order issued by an authorized tribunal of another State, which has previously established support under which an arrearage has occurred. The Division Administrative Order shall: (1) require the person or entity which has or may have the assets of the obligor to immediately seize, hold, and encumber such assets, pending further direction from the Division, or pending any further orders from the court; (2) be subject to and subordinate to any order of a United States Bankruptcy Court, an attachment or execution under any judicial process in effect at the time of the issuance of the Division Order, pending modification of such court's order, or a priority under subsection (b) of this section. (g) Upon receipt of notice from the Division that all due process procedures have been completed or were waived in any manner, and subject to the provisions in subsection (b) and (f) of this section, the person or entity shall pay or deliver to the Division, pursuant to its direction, the assets of the obligor which are held or which come into the possession or control of the person or entity and which are necessary to comply with the terms of the Division's order. (h) There shall be no requirement of advance notice or hearing prior to the seizure of the obligor's property pursuant to this section, but the Division shall issue a notice of the seizure, to be mailed by certified mail within two (2) days of the date that the Division issued the respective Administrative Order, and said notice shall: (1) Inform the obligor of the fact that his assets have been seized or are subject to sale and are being held and may be conveyed to the Division subject to his or her right to contest the Administrative Order by filing an appeal with the Administrative Hearing Office within ten (10) days of receipt of the notice; (2) Inform the obligor that any appeal shall be limited to a showing of mistake of fact, and that a final decision of the Administrative Hearing Office is appealable to the court pursuant to section 354 of this chapter; (3) Inform the obligor that there will be no final disposition of the property seized until the exhaustion of the administrative and judicial remedies provided for in this section; and (4) Inform the obligor of the amount of the overdue support obligation, and identify the assets seized. (i) A final directive of seizure or sale of the obligor's property pursuant to this section shall be effective to convey and vest title in the Division, or in the purchaser, and shall be evidence of title for all purposes. The Attorney General, or his or her agent, may convey title to personal property by certificate of title or may execute a deed conveying title to real property to the purchaser in accordance with regulations as may be promulgated by the Attorney General. (j) All persons or entities complying with any Division Administrative Order issued pursuant to this section shall be absolutely immune from any liability, civil or criminal, for compliance with the terms of such order. (k) At any time after the child support obligation has been paid, the person holding title to the property on which the lien is placed may request the Division to release the lien, and the Division shall release such lien within no more than sixty (60) days of the request, by filing a release with the appropriate entity.