2006 New York Code - Arrears/past Due Support

 
    §  65.  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 real 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  the
  support  arrears/past  due  support. Such lien shall be enforceable upon
  filing a notice of lien in the office of the  clerk  of  the  county  in
  which  real  property subject to any such lien is situated. In the event
  the real property is located in more than one county, filing shall occur
  in the office of the clerk in each county where  the  real  property  is
  situated.  The county clerk of each county shall accept and maintain the
  notice of lien as part of a comprehensive index of  liens  against  real
  property.  If  a  child  support  obligor  against  whom a lien is filed
  subsequently acquires an interest in real property, the  lien  shall  be
  perfected and have effect upon the recording or filing of the instrument
  by  which  such  interest is obtained. The filing of notice of lien or a
  release of lien may be done by electronic means and without payment of a
  fee.
    2. Said lien shall terminate upon  payment  in  full  of  all  support
  arrears/past  due  support.  The  office  of  temporary  and  disability
  assistance  or  a   social   services   district   or   its   authorized
  representative  may  file  a release of lien against specified property,
  which action shall not of itself discharge a lien arising  by  operation
  of law.
    3.  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
  filing or serving liens pursuant to this section and section one hundred
  eleven-u of the social services law. Such rules may not require judicial
  notice or hearing prior to enforcement of such a lien.
    4. 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 provisions of this section or as otherwise authorized by law.