The Property Lien Nobody Told You Was Already Automatic

When a child support payer owes arrears in California, a lien automatically attaches to any real property they own in the state. This is not something a custodial parent has to apply for. It happens by operation of law. But to make that lien enforceable and to ensure it attaches to future property, a custodial parent needs to take one specific step: recording an Abstract of Judgment with the County Recorder.

How the Automatic Lien Works

Under California Family Code §17523 and Code of Civil Procedure §697.310, child support arrears constitute a judgment by operation of law. That judgment lien attaches automatically to real property the payer owns in the county where the original court order was entered. To extend the lien to other counties — or to create a public record that survives a property sale — the lien must be recorded.

What Recording Does

Recording a California Judicial Council Form EJ-001 Abstract of Judgment with the County Recorder creates a public record that appears on any title search of the payer’s property. The payer cannot sell, refinance, or transfer real property in that county without satisfying the lien. Escrow companies are legally required to pay off recorded judgment liens from sale proceeds at closing.

How to Record the Abstract

Obtain Form EJ-001 from courts.ca.gov. Complete it with the case information, the total arrears amount including 10% annual interest, and the payer’s information. Take it to the County Recorder’s office in any county where the payer owns or may own property. The recording fee is generally $15 to $25. The lien is effective immediately upon recording.

Recording in Multiple Counties

If the payer owns property in multiple counties, or if you are unsure which county they may own property in, record the Abstract in each relevant county. There is no limit on the number of counties where you can record.

Educational use only. Not legal advice. Justice Foundation.