NY Dom Rel L § 244-B (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action 244-B - Child Support Proceedings and Enforcement of Arrears; Suspension of Driving Privileges.

§  244-b.  Child  support  proceedings  and  enforcement  of  arrears; suspension of driving privileges.  (a) In any proceeding for the enforcement of a direction or agreement, incorporated in a judgment or order, to pay any sum of  money  as  child support or combined child and spousal support, if the court is satisfied by  competent  proof that the respondent has accumulated support arrears equivalent to or greater than the amount of support due pursuant to such judgment or order for a period of four months, the court may  order  the department  of  motor  vehicles  to  suspend  the  respondent's  driving privileges, and if such order issues, the respondent may  apply  to  the department  of  motor  vehicles for a restricted use license pursuant to section five hundred thirty of the vehicle and traffic  law.  The  court may at any time upon payment of arrears or partial payment of arrears by the  respondent  order the department of motor vehicles to terminate the suspension  of  respondent's  driving  privileges.   For   purposes   of determining  whether  a  support obligor has accumulated support arrears equivalent to or greater than the amount of support due 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 support arrears pursuant to this section.  (b)  If  the  respondent, after receiving appropriate notice, fails to comply with a summons, subpoena or warrant relating to  a  paternity  or child  support  proceeding,  the court may order the department of motor vehicles to suspend the respondent's driving privileges. The  court  may subsequently  order  the  department  of motor vehicles to terminate the suspension of the respondent's driving privileges;  however,  the  court shall  order  the  termination  of  such  suspension  when  the court is satisfied that the respondent has fully  complied  with  all  summonses, subpoenas  and  warrants  relating  to  a  paternity  or  child  support proceeding.  (c) The provisions of subdivision (a) of this section shall not  apply to:  (i)  respondents  who  are receiving public assistance or supplemental security income; or  (ii) respondents whose income  as  defined  by  subparagraph  five  of paragraph  (b) of subdivision one-b of section two hundred forty of this chapter falls below the self-support reserve as defined by  subparagraph six  of  paragraph (b) of subdivision one-b of section two hundred forty of this chapter; or  (iii) respondents whose income as  defined  by  subparagraph  five  of paragraph  (b) of subdivision one-b of section two hundred forty of this chapter remaining after the payment of the  current  support  obligation would fall below the self-support reserve as defined by subparagraph six of  paragraph  (b)  of subdivision one-b of section two hundred forty of this chapter.  (d)  The  court's  discretionary  decision  not  to  suspend   driving privileges  shall not have any res judicata effect or preclude any other agency with statutory  authority  to  direct  the  department  of  motor vehicles to suspend driving privileges.