Sec. 157.317. PROPERTY TO WHICH LIEN ATTACHES. (a) A child support lien attaches to all real and personal property not exempt under the Texas Constitution or other law, including:
(1) an account in a financial institution;
(2) a retirement plan, including an individual retirement account;
(3) the proceeds of an insurance policy, including the proceeds from a life insurance policy or annuity contract and the proceeds from the sale or assignment of life insurance or annuity benefits, a claim for compensation, or a settlement or award for the claim for compensation, due to or owned by the obligor;
(4) property seized and subject to forfeiture under Chapter 59, Code of Criminal Procedure; and
(5) the proceeds derived from the sale of oil or gas production from an oil or gas well located in this state.
(a-1) A lien attaches to all property owned or acquired on or after the date the lien notice or abstract of judgment is filed with the county clerk of the county in which the property is located, with the court clerk as to property or claims in litigation, or, as to property of the obligor in the possession or control of a third party, from the date the lien notice is delivered to that party.
(b) A lien attaches to all nonhomestead real property of the obligor but does not attach to a homestead exempt under the Texas Constitution or the Property Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 24, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 7.007, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 556, Sec. 20, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 25, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 28, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 7, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 3, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter G. Child Support Lien
Section 157.312. General Provisions
Section 157.313. Contents of Child Support Lien Notice
Section 157.314. Filing Lien Notice or Abstract of Judgment; Notice to Obligor
Section 157.3145. Service on Financial Institution
Section 157.315. Recording and Indexing Lien
Section 157.316. Perfection of Child Support Lien
Section 157.317. Property to Which Lien Attaches
Section 157.3171. Release of Lien on Homestead Property
Section 157.318. Duration and Effect of Child Support Lien
Section 157.319. Effect of Lien Notice
Section 157.320. Priority of Lien as to Real Property
Section 157.321. Discretionary Release of Lien
Section 157.322. Mandatory Release of Lien
Section 157.323. Foreclosure or Suit to Determine Arrearages
Section 157.324. Liability for Failure to Comply With Order or Lien
Section 157.325. Release of Excess Funds to Debtor or Obligor
Section 157.326. Interest of Obligor's Spouse or Another Person Having Ownership Interest
Section 157.327. Execution and Levy on Financial Assets of Obligor
Section 157.3271. Levy on Financial Institution Account of Deceased Obligor
Section 157.328. Notice of Levy Sent to Obligor
Section 157.329. No Liability for Compliance With Notice of Levy