N.Y. SOS. LAW § 111-u : NY Code - Section 111-U: Liens

Search N.Y. SOS. LAW § 111-u : NY Code - Section 111-U: Liens

1. The office of temporary and disability assistance,
  or a social services district, or its  authorized  representative  shall
  have  a  lien  against  real  and  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 on behalf  of  persons  receiving  services  under  this
  title,  and  such obligor has accumulated support arrears/past due 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 incorporate
  unpaid support which accrues in the future.
    2. 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 subdivision or as otherwise authorized by law.
    3. When the office of temporary and disability assistance, or a social
  services  district,  or  its  authorized  representative  on behalf of a
  person receiving services pursuant to this  title  determines  that  the
  requisite  amount  of child support is past due, it shall send, by first
  class mail, a notice of intent to file a lien to  the  support  obligor.
  The  obligor  may assert a mistake of fact and shall have an opportunity
  to make a submission in support of the assertion. The assertion and  any
  supporting  papers  shall  be submitted within thirty-five days from the
  date a notice was mailed. Thereafter, the social services district shall
  determine the merits of the assertion, and shall notify the  obligor  of
  its  determination  within  ninety  days after notice to the obligor was
  mailed.
    4. If the social services district finds no mistake of fact exists or,
  the obligor fails to assert a mistake of  fact  within  the  thirty-five
  days,  the  social  services  district  may file a notice of lien, which
  shall contain the caption of  the  support  order  and  a  statement  of
  arrears  and  which  shall constitute a lien on the property. The social
  services district shall not enforce its lien until after  expiration  of
  any  applicable period for review of an administrative action or, if the
  obligor has initiated a proceeding pursuant to article seventy-eight  of
  the civil practice law and rules, until completion of such review.
    5.  Filing  of the notice of the lien shall be as provided in sections
  sixty-five and two hundred eleven of the lien law, article forty-six  of
  the vehicle and traffic law, or as otherwise authorized by law.
    6.  Within  five days before or thirty days after filing the notice of
  the lien, the social services district shall send by first class mail  a
  copy of such notice upon the owner of the property.