In Re the Marriage of Orchard

In this case we hold that recording a certified copy of an order that child support payable under an attached judgment incorporated by reference shall be payable to the district attorney, creates a valid lien against the community real property of the obligor parent and his present spouse.

I. Facts.

The real property that is the subject of this proceeding consists of approximately six acres of unimproved land in El Dorado County which was purchased by Judy and Joel Orchard on May 8, 1987, for $25,000. The couple paid $19,000 down and financed the $6,000 balance. They took title as husband and wife, and all purchase offers, counteroffers, financing transactions, and title documents were executed jointly in their names. On May 20, 1987, a certified copy of a document entitled “Motion and Order to Make Child Support Payments Payable to San Mateo County and That the District Attorney Enforce Said Support Order” was recorded in the official records of El Dorado County. Joel was the named respondent in the motion and order. This document stated that by a judgment attached thereto and incorporated by reference filed August 6, 1980, Joel was ordered to make support payments of…