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This entry was published on 2014-09-22
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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.