N.Y. DOM Law § 244-B — New York Code / Act DOM / Article 13 / Section 244-B
Child support proceedings and enforcement of arrears; suspension of driving privileges
Status: in_force

§ 244-b. Child support proceedings and enforcement of arrears;\nsuspension of driving privileges.\n  (a) In any proceeding for the enforcement of a direction or agreement,\nincorporated in a judgment or order, to pay any sum of money as child\nsupport or combined child and spousal support, if the court is satisfied\nby competent proof that the respondent has accumulated support arrears\nequivalent to or greater than the amount of support due pursuant to such\njudgment or order for a period of four months, the court may order the\ndepartment of motor vehicles to suspend the respondent's driving\nprivileges, and if such order issues, the respondent may apply to the\ndepartment of motor vehicles for a restricted use license pursuant to\nsection five hundred thirty of the vehicle and traffic law. The court\nmay at any time upon payment of arrears or partial payment of arrears by\nthe respondent order the department of motor vehicles to terminate the\nsuspension of respondent's driving privileges. For purposes of\ndetermining whether a support obligor has accumulated support arrears\nequivalent to or greater than the amount of support due for a period of\nfour months, 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 support arrears pursuant to this section.\n  (b) If the respondent, after receiving appropriate notice, fails to\ncomply with a summons, subpoena or warrant relating to a paternity or\nchild support proceeding, the court may order the department of motor\nvehicles to suspend the respondent's driving privileges. The court may\nsubsequently order the department of motor vehicles to terminate the\nsuspension of the respondent's driving privileges; however, the court\nshall order the termination of such suspension when the court is\nsatisfied that the respondent has fully complied with all summonses,\nsubpoenas and warrants relating to a paternity or child support\nproceeding.\n  (c) The provisions of subdivision (a) of this section shall not apply\nto:\n  (i) respondents who are receiving public assistance or supplemental\nsecurity income; or\n  (ii) respondents whose income as defined by subparagraph five of\nparagraph (b) of subdivision one-b of section two hundred forty of this\nchapter falls below the self-support reserve as defined by subparagraph\nsix of paragraph (b) of subdivision one-b of section two hundred forty\nof this chapter; or\n  (iii) respondents whose income as defined by subparagraph five of\nparagraph (b) of subdivision one-b of section two hundred forty of this\nchapter remaining after the payment of the current support obligation\nwould fall below the self-support reserve as defined by subparagraph six\nof paragraph (b) of subdivision one-b of section two hundred forty of\nthis chapter.\n  (d) The court's discretionary decision not to suspend driving\nprivileges shall not have any res judicata effect or preclude any other\nagency with statutory authority to direct the department of motor\nvehicles to suspend driving privileges.\n