REPORT TITLE:
Child Support Liens


DESCRIPTION:
Amends the law relating to child support liens to clarify that
the lien arising from a child support order or judgment takes
priority over subsequent liens only when the child support debtor
was actually delinquent in payment at the time of the subsequent
lien. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2982
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CHILD SUPPORT.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 576D-10.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) to read as follows:
 
 3      "(e)  Any lien provided for by [this section] subsections
 
 4 (a) and (b), on the real and personal property of an obligor who
 
 5 is delinquent in payments as described in subsection (a), or who
 
 6 owes a public assistance debt as described in subsection (b),
 
 7 shall take priority over any lien [subsequently], except a tax
 
 8 lien:
 
 9      (1)  Subsequently acquired or recorded [except tax liens],
 
10           but only to the extent of the delinquent amounts owed
 
11           as of the date that the subsequent lien is acquired or
 
12           recorded; or
 
13      (2)  Previously acquired or recorded, that was subordinate
 
14           to a child support lien under paragraph (1) at the date
 
15           it was acquired or recorded, but only to the extent of
 
16           the delinquent amounts owed as of the date it was
 
17           acquired or recorded."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.