New York Consolidated Laws, Lien Law - LIE § 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.


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