Section 244-B. Child support proceedings and enforcement of arrears; suspension of driving privileges  


Latest version.
  • (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.