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§ 8.01-460.Decree for support and maintenance of spouse or infant children of parties as lien on real estate.

Chapter 17. Judgments and Decrees Generally · Article 7. Lien and Enforcement Thereof · Last amended 1989 · Last verified July 16, 2026

In one sentenceA decree for future spousal or child support installments, or a monetary award under § 20-107.3, becomes a lien on court-designated real estate only if the court orders it docketed or later finds the obligor delinquent, and the lien can be released by court order, by agreement of the obligees, or once support is paid in full.

Full Text of § 8.01-460

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A decree, order or judgment for support and maintenance of a spouse or of infant children of the parties payable in future installments or a monetary award for future installments as provided for in § 20-107.3, shall be a lien upon such real estate of the obligor as the court shall, from time to time, designate by order or decree. An order after reasonable notice to the obligor adjudicating that the obligor is delinquent, shall be a lien on the obligor's real estate. Liens under this section shall arise when duly docketed in the manner prescribed for the docketing of other judgments for money; however, no such decree, order or judgment for support and maintenance or for a monetary award in accordance with § 20-107.3 shall be docketed unless so ordered by the court in such decree, order or judgment. On petition by any interested person and after reasonable notice to the obligee, the court in which the obligor was adjudicated delinquent may order the release or other modification of such lien.
The lien may also be released upon agreement of all persons for whom support and maintenance is ordered under the decree, order or judgment, provided all such persons are sui juris. The clerk shall note the release on the record upon receipt of an affidavit from all the obligees stating that (i) all the obligees are sui juris and (ii) they agreed to the release of the lien on specified real property. Any lien created pursuant to this section shall expire upon the support obligation being paid in full by the obligor. The clerk may release such liens upon receipt of an affidavit of all the obligees that such support obligation has been paid in full, or upon an order or decree of a court of competent jurisdiction.

Plain-English Summary

Ordinary money judgments become liens automatically once docketed, but a support decree covering payments not yet due works differently, because the debt is still accruing rather than fixed. Section 8.01-460 lets a court impose a lien on real estate it designates, from time to time, to secure a spouse’s or child’s future support installments, or a monetary award under § 20-107.3 — but only if the court specifically orders that decree, order, or judgment docketed.

There is a second path into a lien besides that up-front designation: once the obligor is found delinquent, after reasonable notice, the order making that finding becomes a lien on the obligor’s real estate on its own. Either way, the lien arises through the same docketing procedure used for other money judgments.

The lien is not permanent by nature. On petition by an interested person, after reasonable notice to the obligee, the court that found the obligor delinquent can release or modify the lien. It can also be released by agreement, if every person entitled to the support is sui juris and they all agree, evidenced by an affidavit the clerk uses to note the release. And regardless of any of that, the lien expires once the support obligation is paid in full, at which point the clerk may release it on an affidavit from the obligees or on court order.

Frequently Asked Questions

Does a support decree automatically become a lien on the obligor’s real estate?

No, unless the court specifically orders the decree, order, or judgment docketed, or later enters an order finding the obligor delinquent after reasonable notice.

What kinds of support obligations can this section turn into a real estate lien?

Support and maintenance for a spouse or infant children of the parties payable in future installments, or a monetary award for future installments under § 20-107.3.

How can this kind of lien be released before the support obligation is fully paid?

By petition to the court after reasonable notice to the obligee, or by agreement of all the obligees if they are sui juris, evidenced by affidavit.

When does a lien created under this section automatically expire?

Upon the support obligation being paid in full by the obligor.

How does the lien arise once a delinquency order is entered?

The order, entered after reasonable notice to the obligor adjudicating him delinquent, becomes a lien on his real estate once duly docketed as other money judgments are.

Amendment History

Code 1950, § 8-388; 1977, c. 617; 1979, c. 496; 1985, c. 529; 1989, c. 8.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
Also known as: child support lien on house virginia8.01-460 spousal support real estate liendelinquent support order lien virginiarelease support lien virginia real estate20-107.3 monetary award lien virginia