New York Laws
Article 3 - Enforcement of Liens on Real Property
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.