§ 111-U — Liens

§ 111-u. Liens. 1. The office of temporary and disability assistance,\nor a social services district, or its authorized representative shall\nhave a lien against real and personal 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 on behalf of persons receiving services under this\ntitle, and such obligor has accumulated support arrears/past due in an\namount equal to or greater than the amount of support due pursuant to\nsuch order for a period of four months. Such lien shall incorporate\nunpaid support which accrues in the future.\n 2. 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 subdivision or as otherwise authorized by law.\n 3. When the office of temporary and disability assistance, or a social\nservices district, or its authorized representative on behalf of a\nperson receiving services pursuant to this title determines that the\nrequisite amount of child support is past due, it shall send, by first\nclass mail, a notice of intent to file a lien to the support obligor.\nThe obligor may assert a mistake of fact and shall have an opportunity\nto make a submission in support of the assertion. The assertion and any\nsupporting papers shall be submitted within thirty-five days from the\ndate a notice was mailed. Thereafter, the social services district shall\ndetermine the merits of the assertion, and shall notify the obligor of\nits determination within ninety days after notice to the obligor was\nmailed.\n 4. If the social services district finds no mistake of fact exists or,\nthe obligor fails to assert a mistake of fact within the thirty-five\ndays, the social services district may file a notice of lien, which\nshall contain the caption of the support order and a statement of\narrears and which shall constitute a lien on the property. The social\nservices district shall not enforce its lien until after expiration of\nany applicable period for review of an administrative action or, if the\nobligor has initiated a proceeding pursuant to article seventy-eight of\nthe civil practice law and rules, until completion of such review.\n 5. Filing of the notice of the lien shall be as provided in sections\nsixty-five and two hundred eleven of the lien law, article forty-six of\nthe vehicle and traffic law, or as otherwise authorized by law.\n 6. Within five days before or thirty days after filing the notice of\nthe lien, the social services district shall send by first class mail a\ncopy of such notice upon the owner of the property.\n