N.Y. Lien Law § 65: 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.