2023 New York Laws › DOM - Domestic Relations › Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action › 244-C - Child Support Proceedings and Enforcement of Arrears; Suspensions of State Professional, Occupational and Business Licenses.

§  244-c.  Child  support  proceedings  and  enforcement  of  arrears;
suspensions of state professional, occupational and  business  licenses.
(a)  In  any  proceeding  for  enforcement  of a direction or agreement,
incorporated in a judgement 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 and that the respondent is
licensed, permitted or  registered  by  or  with  a  board,  department,
authority  or  office  of  this  state  to  conduct  a  trade, business,
profession or occupation, the court may order  such  board,  department,
authority or office to commence proceedings as required by law regarding
the  suspension  of  such license, permit, registration, or authority to
practice and to inform the court of the actions it has taken pursuant to
such proceedings. For purposes of determining whether a  respondent  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,  and  the  court  has  determined  that  the
respondent is licensed, permitted or registered  by  or  with  a  board,
department,  authority  or  office of this state or one of its political
subdivisions  or  instrumentalities  to  conduct  a   trade,   business,
profession  or  occupation,  the court may order such board, department,
authority or office to commence proceedings as required by law regarding
the suspension of such license, permit,  registration  or  authority  to
practice and to inform the court of the actions it has taken pursuant to
such   proceeding.   The   court  may  subsequently  order  such  board,
department, authority or office  to  terminate  the  suspension  of  the
respondent's  license,  permit,  registration  or authority to practice;
however, the court shall order the termination of such  suspension  when
the  court  is satisfied that the respondent has fully complied with all
summons, subpoenas and warrants relating to a paternity or child support
proceeding.
(c) If the court determines that the suspension of the license, permit
or registration of the respondent would create an  extreme  hardship  to
either  the  licensee,  permittee or registrant or to persons whom he or
she serves, the court may, in lieu  of  suspension,  suspend  the  order
described in subdivision (a) of this section to the licensing entity for
a period not to exceed one year. If, on or before the expiration of this
period,  the court has not received competent proof presented at hearing
that the respondent is in  full  compliance  with  his  or  her  support
obligation,  the  court  shall  cause  the suspension of the order to be
rescinded and shall further cause such  order  to  be  served  upon  the
licensing entity.
(d)  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  the
domestic  relations  law falls below the self-support reserve as defined
by subparagraph six of paragraph (b) of subdivision one-b of section two
hundred forty of the domestic relations law, or
(iii) respondents whose income as  defined  by  subparagraph  five  of
paragraph  (b)  of subdivision one-b of section two hundred forty of the
domestic relations law  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 the domestic relations law.
(e)  The  court  shall  inform the respondent that competent proof for
purposes of proving payment to a licensing entity shall be  a  certified
check,  notice  issued by the court, or notice from a support collection
unit where the order is for payment to the support collection unit.