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A. An arrearage in payment of child support reduced to an order of the Court or any past-due payment or installment of child support that is a judgment and lien by operation of law may be a lien against the real and personal property of the person ordered to make the support payments; excluding any and all property held in trust by the U.S. government for a tribe or is in restricted status for an individual Indian, including Individual Indian Money (IIM) accounts.

B. Past-due amounts shall become a lien by operation of law upon the real and personal property of the person ordered to make the payments at the time they become past-due.

C. A judgment or order providing for the payment of current support or an arrearage of child support shall be a lien upon real property owned by the person obligated to pay support or upon any real property, which may be acquired by the person prior to release of the lien. Notice of the lien on real property shall be given by the filing of a statement of judgment with the county clerk in the county where the property is located.

D. The judgment or order shall not become a lien for any sums prior to the date they severally become due and payable.

E. The provisions of this section shall not authorize a sale of any property to enforce a lien, which is otherwise exempted by tribal or federal law.

F. The ONCSS shall follow the applicable tribal and state law regarding the recording, servicing and extending a lien.

G. The ONCSS will file a release upon the full payment of the amount of arrearage.

H. The ONCSS or obligee may execute a release or partial release of the liens.

I. The ONCSS shall use the amount reflected in its official payment records as the amount of lien on the obligor’s real property regardless of the amount in the statement of judgment.

J. A judgment for a child support arrearage or the accrual of past-due child support shall become a lien upon the benefits payable as a lump sum received from a personal injury, wrongful death or workers’ compensation claim of the obligor. A lien upon a personal injury, wrongful death or workers’ compensation claim shall follow applicable tribal and state law and procedure for filing and serving of the lien.

K. The ONCSS or the obligee may enforce the lien. ONCA 12-51, eff. June 18, 2012.