How to Place a Lien on Real Property for Child Support Arrears in California

California Child Support Recovery System | Justice Foundation

If the parent who owes you child support owns real property in California — a home, a rental property, vacant land, a commercial building — that property is a collection target. A judgment lien recorded against that property must be satisfied before the property can be sold or refinanced, giving you powerful leverage even when other enforcement tools have failed.

How the Lien Attaches

Child support arrears constitute a money judgment under California law. To create a lien on real property, you record an Abstract of Judgment with the County Recorder in the county where the property is located. The abstract identifies the judgment debtor, the judgment amount, and the court that issued the order. Once recorded, the lien attaches automatically to all non-exempt real property the judgment debtor owns in that county — and to any property they subsequently acquire there.

If the obligor owns property in multiple counties, record the abstract in each county separately. The recording fee is modest — typically $15 to $20 per page — and the lien is effective immediately upon recording. You don’t need to know the specific property addresses in advance; the lien attaches to all property by name.

The Homestead Exemption

California’s homestead exemption protects a portion of a primary residence’s equity from forced sale — currently $300,000 to $600,000 depending on the county’s median home price. The homestead exemption limits forced sale but does not eliminate the lien. If the property is sold or refinanced, the lien must be satisfied from proceeds above the exempt amount. For properties with significant equity above the exemption, this is a meaningful collection mechanism.

Forcing a Sale

For properties with equity substantially exceeding the homestead exemption, California law allows a judgment creditor to force a sale of real property to satisfy the judgment — a writ of sale executed by the sheriff. This is a significant step requiring court approval and is typically reserved for cases where the arrears are large, the equity is substantial, and other enforcement tools have failed. The Justice Foundation kit covers the writ of sale process in detail for cases where forced sale is appropriate.

Monitoring for Property Acquisition

Record your lien abstract in every county where the obligor lives or where you believe they may acquire property. Set a calendar reminder to renew the lien before it expires (typically every 10 years) to maintain continuous protection. The Justice Foundation kit includes abstract recording instructions and a lien monitoring checklist.