What is your recourse if you have been mistakenly identified as subject to a child support- related property lien in Arizona?
There are various consequences to being behind in your child support payments. You can be subject to a driver’s license suspension, property liens and even arrest. But, what happens when you are current with your payments yet still identified as in arrears. This is exactly what has been going on in the State of Arizona during the past few years.
Out of over 300,000 people owing child support in the state, tens of thousands have been subjected to property liens for failure to pay. The trouble is that these property liens were never tracked correctly. This has led to a mess within the Department of Economic Security. After hiring an outside company to clear up the confusion over the past two years, it has been discovered that over 8,000 of the property liens in existence should have already been released! Now, the state is saying that they have approximately another 14,000 cases to audit, many of which may also involve invalid liens.
Apparently, for years, thousands of Arizonans have been subject to property liens that should have been previously released. While the Department of Economic Security is downplaying the situation stating that no harm has been done, as the liens do not affect the payor’s credit report, this is simply not true.
These mistakes and the continuing liens have prevented numerous Arizonans from qualifying for loans or credit they would otherwise have been entitled to. The liens would also have affected the ability of theses people to sell or refinance their homes.
If you are faced with a property lien that you believe is invalid, or any other child support issue, it is best to communicate with an experienced family law attorney at your earliest convenience.