2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-10.5 Liens

§576D-10.5 Liens
. (a) Whenever any obligor through judicial or administrative process in this State or any other state has been ordered to pay an allowance for the support, maintenance, or education of a child, or for the support and maintenance of a spouse or former spouse in conjunction with child support, and the obligor becomes delinquent in those payments, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, which shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.
(b) Upon the establishment of an order of support for a prior period, a lien shall arise on the obligor's real and personal property and the obligor's real and personal property shall be subject to foreclosure, distraint, seizure, and sale, or notice to withhold and deliver, which shall be executed in accordance with this section or applicable state law. No judicial notice or hearing shall be necessary prior to creation of such a lien.
(c) Every order or judgment regarding child support filed in judicial or administrative proceedings in this State shall be recorded in the bureau of conveyances. An order or judgment regarding child support filed in judicial or administrative proceedings of any other state may be recorded in the bureau of conveyances. This recorded lien shall be deemed, at such time, for all purposes and without any further action, to procure a lien on land registered in the land court under chapter 501. The statutory lien becomes effective when it arises under subsection (a) or (b) and shall attach to all interests in real or personal property then owned or subsequently acquired by the obligor including any interests not recorded with the bureau of conveyances or filed in the land court.
(d) No fee shall be charged the child support enforcement agency or its designated counsel for recording or filing of the liens provided for in this section or for the recording or filing of any releases requested in conjunction with the liens.
(e) A recorded order or judgment regarding child support or public assistance debt becomes effective and takes priority from the time it is recorded or the time the child support obligation described therein becomes delinquent, whichever is later. A statutory lien that is provided for by and becomes effective under this section shall take priority over any unrecorded lien whenever acquired, except tax liens previously acquired.
(f) A lien shall be enforceable by the child support enforcement agency or its designated counsel, by the obligee, or by any other state or agency
administering a program under Title IV-D, in the following manner:
(1) By suit in the appropriate court;
(2) By bringing an action in an administrative tribunal;
(3) By filing and serving a notice of child support lien; or
(4) By any lawful means of collection.
A notice of child support lien shall state the name and the last four digits only of the social security number, if available, of the obligor, the child support enforcement case number, the amount of the lien and the through date, if applicable, the accruing monthly amount, and the date on which the order or judgment regarding child support or public assistance debt was recorded with the bureau of conveyances. The notice shall require that whoever is served with a notice of child support lien either satisfy the lien or obtain a release of the lien prior to disbursing any funds to the obligor. The method of service of a notice of child support lien shall be by certified mail, return receipt requested, or by personal delivery to the individual or entity referred to. A copy of the notice of child support lien shall also be sent to the obligor by regular mail at the obligor's last known address. Upon service of a notice of child support lien, the individual or entity served shall withhold the amount of the lien from the proceeds of any estate, judgment, settlement, compromise, vacation or holiday pay, or other benefits due the obligor and deliver the funds to the child support enforcement agency. For service effectuated by certified mail, an electronic copy or facsimile of the signature of the served individual or entity on certified mailers provided by the United States Postal Service shall constitute valid proof of service on the individual or entity. A notice of child support lien may be amended from time to time until extinguished or released, each amendment taking effect upon proper service. A notice of child support lien shall remain in effect until satisfied, extinguished, or released.
(g) A lien shall be enforceable by the child support enforcement agency or its designated counsel or by any other state or agency
administering a program under Title IV-D without the necessity of obtaining a court order in the following manner:
(1) By intercepting or seizing periodic or lump-sum payments from:
(A) A state or local agency, including unemployment compensation, and other benefits; and
(B) Judgments, settlements, and lotteries;
provided that unemployment compensation benefits may be intercepted only to the extent authorized by section 303(e) of the Social Security Act;
(2) By attaching and seizing assets of the obligor held in financial institutions;
(3) By attaching public and private retirement funds; and
(4) By imposing liens in accordance with this section and, in appropriate cases, to force the sale of property and distribution of proceeds.
These procedures shall be subject to due process safeguards, including, as appropriate, requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to an independent administrative or judicial tribunal.
(h) The child support enforcement agency, its designated counsel or the obligee, where appropriate, shall issue certificates of release upon satisfaction of the lien. Certificates of release of any real property shall be recorded in the bureau of conveyances or filed in the office of the assistant registrar of the land court. Recordation of the certificate of release shall be the responsibility of the obligor.
(i) If there is a dispute between the obligor and the child support enforcement agency concerning the amount of the child support lien, the obligor may request in writing an account review. Upon receipt of a written request, the child support enforcement agency shall conduct a review of the obligor's account balance pursuant to its administrative rules.
(j) Any person or entity failing to satisfy a notice of child support lien as required by this section, even though able to do so, shall be personally liable to the child support enforcement agency or the obligee for the full amount of all sums required to be withheld and delivered. [L 1989, c 304, §1; am L 1995, c 137, §2; am L 1997, c 293, §29; am L 2000, c 273, §1; am L 2001, c 95, §1; am L 2002, c 72, § §6, 7; am L 2009, c 115, §3; am L 2011, c 79, §4]
Rules of Court
Enforcement of order for payment of support, see HFCR rule 69.
Case Notes
Where the child support enforcement agency recorded a lien prior to an attorney's lien established for payment of fees in an unrelated action, the child support enforcement agency's lien took priority. 133 H. 311, 328 P.3d 320 (2014).
Where the child support enforcement agency recorded a lien prior to an attorney's lien established for payment of fees in an unrelated action, the circuit court did not violate the attorney's due process rights by granting priority to the child support enforcement agency's lien. 133 H. 311, 328 P.3d 320 (2014).