Child Support Liens in Mississippi - By Richard Johnson

Last week we discussed the effect of a child support lien in the State of Tennessee. In summary, child support liens are given priority over purchase money mortgages. This means that a lender’s Deed of Trust will be inferior to a child support lien. Obviously, this creates an unacceptable situation for a lender and the lender must require that the lien is released before they will extend a loan to a borrower.

This week’s tip will focus on the effects of a child support lien in Mississippi.

The Mississippi Code states that a judgment is automatically created any time a person fails to make court ordered child support payments for a period of at least thirty days. Although the judgment is automatic, the lien created by that judgment is only effective against third parties if (a) the third party actually knows of the judgment, or (b) the judgment is filed in the judgment roll of the Chancery Clerk’s Office by the department or attorney representing the person to whom the child support is owed.

Unlike Tennessee, however, the child support judgment lien in Mississippi is treated like any ordinary lien and does not have priority over purchase money mortgages. This does not necessarily mean that a lender will feel comfortable extending a loan to someone against whom a child support lien has attached. If a lender chooses to require that the lien is released (or is uncomfortable accepting a title insurance policy protecting their interest in the transaction) then the lien will have to be released.

Normally, Realtors will not learn through their customary representation that their client has a child support lien. It is also not expected of you to question your clients about possible child support liens. Realty Title will be made aware of any recorded child support liens in the due course of the title examination. However, if you should happen to learn of a child support situation, please contact us to pass that information along so we can get a head start on resolving the issue.


Attorney Reference: M.C.A. § 93-11-71


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