Section 244-C. Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses  


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  • (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.