Section 458-C. Child support proceedings and enforcement of arrears; suspension of recreational 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,  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 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 article; or
        (iii) respondents whose income as  defined  by  subparagraph  five  of
      paragraph  (b)  of  subdivision  one of section four hundred thirteen 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  of  section  four
      hundred thirteen of this article.