N.Y. Lien Law § 211: 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.