§ 65. Arrears/past due support.
1.The New York state office of\ntemporary and disability assistance, or a local social services\ndistrict, or its authorized representative, on behalf of persons\nreceiving services under title six-A of article three of the social\nservices law, shall have a lien against real property owned by a support\nobligor when such support obligor is or was under a court order to pay\nchild support or combined child and spousal support to a support\ncollection unit and such support obligor has accumulated support\narrears/past due support in an amount equal to or greater than the\namount of support due pursuant to such order for a period of four\nmonths. Such lien shall be in an amount sufficient to satisfy the\nsupport arrears/past due support. Such lien shall be
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§ 65. Arrears/past due support. 1. The New York state office of\ntemporary and disability assistance, or a local social services\ndistrict, or its authorized representative, on behalf of persons\nreceiving services under title six-A of article three of the social\nservices law, shall have a lien against real property owned by a support\nobligor when such support obligor is or was under a court order to pay\nchild support or combined child and spousal support to a support\ncollection unit and such support obligor has accumulated support\narrears/past due support in an amount equal to or greater than the\namount of support due pursuant to such order for a period of four\nmonths. Such lien shall be in an amount sufficient to satisfy the\nsupport arrears/past due support. Such lien shall be enforceable upon\nfiling a notice of lien in the office of the clerk of the county in\nwhich real property subject to any such lien is situated. In the event\nthe real property is located in more than one county, filing shall occur\nin the office of the clerk in each county where the real property is\nsituated. The county clerk of each county shall accept and maintain the\nnotice of lien as part of a comprehensive index of liens against real\nproperty. If a child support obligor against whom a lien is filed\nsubsequently acquires an interest in real property, the lien shall be\nperfected and have effect upon the recording or filing of the instrument\nby which such interest is obtained. The filing of notice of lien or a\nrelease of lien may be done by electronic means and without payment of a\nfee.\n 2. Said lien shall terminate upon payment in full of all support\narrears/past due support. The office of temporary and disability\nassistance or a social services district or its authorized\nrepresentative may file a release of lien against specified property,\nwhich action shall not of itself discharge a lien arising by operation\nof law.\n 3. The state shall accord full faith and credit to liens which arise\nin another state when such state agency, party or other entity seeking\nto enforce such a lien complies with the procedural rules relating to\nfiling or serving liens pursuant to this section and section one hundred\neleven-u of the social services law. Such rules may not require judicial\nnotice or hearing prior to enforcement of such a lien.\n 4. For the purposes of determining whether a support obligor has\naccumulated support arrears/past due support for a period of four\nmonths, the amount of any retroactive support, other than periodic\npayments of retroactive support which are past due, shall not be\nincluded in the calculation of arrears/past due support pursuant to this\nsection; however, if at least four months of support arrears/past due\nsupport have accumulated subsequent to the date of the court order, the\nentire amount of any retroactive support may be collected pursuant to\nthe provisions of this section or as otherwise authorized by law.\n