§ 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
Full Text of § 8.01-460
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.