Section 458-B. Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses  


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  • (a)  If  the respondent has accumulated support arrears equivalent to or
      greater than the amount of support due pursuant to  court  order  for  a
      period  of  four months 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  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 the
      requirements of all summonses, 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 and has  fully  complied  with  all  summons,  subpoenas  and
      warrants  relating to a paternity or child support proceeding, the court
      shall cause the suspension of the order to be removed 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 of section  four  hundred  thirteen  of
      this act falls below the self-support reserve as defined by subparagraph
      six of paragraph (b) of subdivision one of section four hundred thirteen
      of this act; or
        (iii)    respondents  whose  income as defined by subparagraph five of
      paragraph (b) of subdivision one of section  four  hundred  thirteen  of
      this  act  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 of section four hundred thirteen  of
      this act.
        (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.