205.7785 Interstate lien to enforce Kentucky child support obligation -- Lien to enforce obligation credited in another state -- Priority of out-of-state lien -- Certification of authority. - Kentucky Statutes

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Page 1 of 1 205.7785 Interstate lien to enforce Kentucky child support obligation -- Lien to enforce obligation credited in another state -- Priority of out-of-state lien --
Certification of authority. (1) An interstate lien may be created and a notice of interstate lien may be filed on all of an obligor's real and personal property that is located in another state to enforce a
child support obligation which has been judicially or administratively established in
the Commonwealth. The lien shall be filed in the appropriate offices of the state or
county where the property of the obligor is located. All aspects of the lien, including
its priority and enforcement, are governed by the law of the state where the property
is located and shall remain until released by the authorized agent of the party which
filed the lien, or in accordance with the laws of the state of filing. (2) A lien to enforce a child support obligation which is created in another state shall be enforceable against all real and personal property of the obligor located in this state
upon the filing of a notice of interstate lien with the county clerk of any county or
counties in which the obligor has interest in property, and the notice shall be
recorded in the same manner as notices of lis pendens. The recordation shall
constitute notice of both the original amount of child support due and all subsequent
amounts due by the same obligor. Upon request, an authorized agent of the party
which filed the notice of interstate lien shall disclose the specific amount of liability
to any interested party legally entitled to that information. The notice, when so filed,
shall be conclusive notice to all persons of the lien on the property having legal situs
in that county. The lien shall commence as to property of the obligor located in the
Commonwealth at the time the notice is filed and shall continue until the original
amount of child support due and any subsequent amounts, including interest,
penalties, or fees, are fully paid. The lien shall attach to all interest in the real and
personal property in the Commonwealth, then owned or subsequently acquired by
the obligor. The clerk shall be entitled to a fee pursuant to KRS 64.012 for filing the
lien and the same fee for releasing the lien. (3) A child support lien created in another state shall be on a parity with state, county, and municipal ad valorem tax liens, and superior to the lien of any mortgage or
other encumbrance created after the notice of interstate lien is recorded; however, it
shall be subordinate to any child support lien which has been filed by the cabinet as
to the same obligor and property. (4) The authority by which the child support lien is created in another state and filed in this state shall be certified on the notice of interstate lien by a person who is
authorized to certify on behalf of the party that is filing the notice of interstate lien. (5) The secretary of the cabinet may promulgate administrative regulations under the provisions of KRS Chapter 13A to implement this section. Effective: January 1, 2007
History: Amended 2006 Ky. Acts ch. 255, sec. 19, effective January 1, 2007. -- Created 1998 Ky. Acts ch. 255, sec. 49, effective July 15, 1998.