Section 211. Arrears/past due support


Latest version.
  • 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.