What is the legal test for establishing a judgment lien against real property for child and spousal support?

California, United States of America


The following excerpt is from Hackett v. Mathews, C073966 (Cal. App. 2015):

Code of Civil Procedure section 697.3201 provides "the exclusive method of establishing a lien on real property of the judgment debtor for child and spousal support payments ordered by a court." (Ellrott v. Bliss (1983) 147 Cal.App.3d 901, 904-905.) It states in pertinent part that "[a] judgment lien on real property is created . . . by recording . . . a certified copy of . . . the following money judgments with the county recorder: [] (1) A judgment for child, family, or spousal support payable in installments." ( 697.320.) We shall conclude that even assuming for purposes of this appeal that the requirement in this case to maintain health insurance for minor children is a form of child support, it does not give rise to a judgment lien against real property because it does not constitute a money judgment, nor is it payable in installments. Accordingly, we shall affirm the judgment.

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