2023 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.