Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN. (a) Subject to Subsection (d), a lien is effective until all current support and child support arrearages, including interest, any costs and reasonable attorney's fees, and any Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible, have been paid or the lien is otherwise released as provided by this subchapter.
(b) The lien secures payment of all child support arrearages owed by the obligor under the underlying child support order, including arrearages that accrue after the lien notice was filed or delivered as provided by Section 157.314.
(c) The filing of a lien notice or abstract of judgment with the county clerk is a record of the notice and has the same effect as any other lien notice with respect to real property records.
(d) A lien is effective with respect to real property until the 10th anniversary of the date on which the lien notice was filed with the county clerk. A lien subject to the limitation prescribed by this subsection may be renewed for subsequent 10-year periods by filing a renewed lien notice in the same manner as the original lien notice. For purposes of establishing priority, a renewed lien notice filed before the applicable 10th anniversary relates back to the date the original lien notice was filed. A renewed lien notice filed on or after the applicable 10th anniversary has priority over any other lien recorded with respect to the real property only on the basis of the date the renewed lien notice is filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 26, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 29, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 164 (S.B. 1661), Sec. 2, eff. May 26, 2009.
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