Section 244-D. Child support proceedings and enforcement of arrears; suspension of recreational license  


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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, the court may order any agency responsible for
      the issuance of a recreational license to suspend or refuse to reissue a
      license to the respondent, or deny application for such license  by  the
      respondent.  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, the court may order any agency responsible for
      the issuance of a recreational  license  to  suspend  or  to  refuse  to
      reissue  a  license  to  the  respondent or to deny application for such
      license by the respondent. The court may subsequently order such  agency
      to  terminate  the  adverse  action  regarding the respondent's license;
      however, the court shall order the termination  of  such  suspension  or
      other adverse action when the court is satisfied that the respondent has
      fully  complied  with  the  requirements  of all summons, 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 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 this article; or
        (iii)  respondents  whose  income  as  defined by subparagraph five of
      paragraph (b) of subdivision one-b of section two hundred forty of  this
      article  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 article.