N.Y. FCT Law § 458-B — New York Code / Act FCT / Article 4 / Part 5 / Section 458-B
Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses
Status: in_force

§ 458-b. Child support proceedings and enforcement of arrears;\nsuspension of state professional, occupational and business licenses.\n(a) If the respondent has accumulated support arrears equivalent to or\ngreater than the amount of support due pursuant to court order for a\nperiod of four months and the court has determined that the respondent\nis licensed, permitted or registered by or with a board, department,\nauthority or office of this state to conduct a trade, business,\nprofession or occupation, the court may order such board, department,\nauthority or office to commence proceedings as required by law regarding\nthe suspension of such license, permit, registration or authority to\npractice and to inform the court of the actions it has taken pursuant to\nsuch proceedings. For purposes of determining whether a respondent has\naccumulated support arrears equivalent to or greater than the amount of\nsupport due for a period of four months, the amount of any retroactive\nsupport, other than periodic payments of retroactive support which are\npast due, shall not be included in the calculation of support arrears\npursuant 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, and the court has determined that the\nrespondent is licensed, permitted or registered by or with a board,\ndepartment, authority or office of this state or one of its political\nsubdivisions or instrumentalities to conduct a trade, business,\nprofession or occupation, the court may order such board, department,\nauthority or office to commence proceedings as required by law regarding\nthe suspension of such license, permit, registration or authority to\npractice and to inform the court of the actions it has taken pursuant to\nsuch proceeding. The court may subsequently order such board,\ndepartment, authority or office to terminate the suspension of the\nrespondent's license, permit, registration or authority to practice;\nhowever, the court shall order the termination of such suspension when\nthe court is satisfied that the respondent has fully complied with the\nrequirements of all summonses, subpoenas and warrants relating to a\npaternity or child support proceeding.\n  (c) If the court determines that the suspension of the license, permit\nor registration of the respondent would create an extreme hardship to\neither the licensee, permittee or registrant or to persons whom he or\nshe serves, the court may, in lieu of suspension, suspend the order\ndescribed in subdivision (a) of this section to the licensing entity for\na period not to exceed one year.  If on or before the expiration of this\nperiod the court has not received competent proof presented at hearing\nthat the respondent is in full compliance with his or her support\nobligation and has fully complied with all summons, subpoenas and\nwarrants relating to a paternity or child support proceeding, the court\nshall cause the suspension of the order to be removed and shall further\ncause such order to be served upon the licensing entity.\n  (d) 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 of section four hundred thirteen of\nthis act falls below the self-support reserve as defined by subparagraph\nsix of paragraph (b) of subdivision one of section four hundred thirteen\nof this act; or\n  (iii)  respondents whose income as defined by subparagraph five of\nparagraph (b) of subdivision one of section four hundred thirteen of\nthis act 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 of section four hundred thirteen of\nthis act.\n  (e) The court shall inform the respondent that competent proof for\npurposes of proving payment to a licensing entity shall be a certified\ncheck, notice issued by the court, or notice from a support collection\nunit where the order is for payment to the support collection unit.\n