2006 New York Code - Arrears/past Due Support

 
    §  211.  Arrears/past  due  support.  1.  The New York state office of
  temporary  and  disability  assistance,  or  a  local  social   services
  district,   or  its  authorized  representative  on  behalf  of  persons
  receiving services under title six-A of  article  three  of  the  social
  services  law  shall  have  a  lien against personal property owned by a
  support obligor when such support obligor is or was under a court  order
  to  pay child support or combined child and spousal support to a support
  collection  unit  and  such  support  obligor  has  accumulated  support
  arrears/past  due  support  in  an  amount  equal to or greater than the
  amount of support due pursuant to  such  order  for  a  period  of  four
  months.  Such  lien  shall  be  in  an amount sufficient to satisfy such
  support arrears/past due support. Said lien shall be  perfected  in  the
  case  of  a  vehicle as that term is defined in section two thousand one
  hundred one of the vehicle and traffic law with the department of  motor
  vehicles.  The  filing of a notice of lien or of a release of lien shall
  be completed without payment of a fee. The filing of notice of  lien  or
  release of lien may be done by electronic means.
    2.  The  state shall accord full faith and credit to liens which arise
  in another state when such state agency, party or other  entity  seeking
  to  enforce  such  a lien complies with the procedural rules relating to
  such liens as provided for in section one hundred eleven-u of the social
  services law, article forty-six  of  the  vehicle  and  traffic  law  or
  article  nine  of  this  chapter  as  is appropriate. Such rules may not
  require judicial notice or hearing prior to enforcement of such  a  lien
  and enforcement shall be governed by article nine of this chapter.
    3.  For  the  purposes  of  determining  whether a support obligor has
  accumulated support arrears/past  due  support  for  a  period  of  four
  months,  the  amount  of  any  retroactive  support, other than periodic
  payments of retroactive  support  which  are  past  due,  shall  not  be
  included in the calculation of arrears/past due support pursuant to this
  section;  however,  if  at least four months of support arrears/past due
  support have accumulated subsequent to the date of the court order,  the
  entire  amount  of  any retroactive support may be collected pursuant to
  the provision of this section or as otherwise authorized by law.