N.Y. Domestic Relations Law § 244-B

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 244-B — Child support proceedings and enforcement of arrea DRL § 244-B Child support proceedings and enforcement of arrears;suspension of driving privileges.(a) In any proceeding for the enfo ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 244-b. Child support proceedings and enforcement of arrears;suspension of driving privileges.(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 childsupport or combined child and spousal support, if the court is satisfiedby competent proof that the respondent has accumulated support arrearsequivalent to or greater than the amount of support due pursuant to suchjudgment or order for a period of four months, the court may order thedepartment of motor vehicles to suspend the respondent's drivingprivileges, and if such order issues, the respondent may apply to thedepartment of motor vehicles for a restricted use license pursuant tosection five hundred thirty of the vehicle and traffic law. The courtmay at any time upon payment of arrears or partial payment of arrears bythe respondent order the department of motor vehicles to terminate thesuspension of respondent's driving privileges. For purposes ofdetermining whether a support obligor has accumulated support arrearsequivalent to or greater than the amount of support due for a period offour months, the amount of any retroactive support, other than periodicpayments of retroactive support which are past due, shall not beincluded in the calculation of support arrears pursuant to this section.(b) If the respondent, after receiving appropriate notice, fails tocomply with a summons, subpoena or warrant relating to a paternity orchild support proceeding, the court may order the department of motorvehicles to suspend the respondent's driving privileges. The court maysubsequently order the department relating to a paternity orchild support proceeding, the court may order the department of motorvehicles to suspend the respondent's driving privileges. The court maysubsequently order the department of motor vehicles to terminate thesuspension of the respondent's driving privileges; however, the courtshall order the termination of such suspension when the court issatisfied that the respondent has fully complied with all summonses,subpoenas and warrants relating to a paternity or child supportproceeding.(c) The provisions of subdivision (a) of this section shall not applyto:(i) respondents who are receiving public assistance or supplementalsecurity income; or(ii) respondents whose income as defined by subparagraph five ofparagraph (b) of subdivision one-b of section two hundred forty of thischapter falls below the self-support reserve as defined by subparagraphsix of paragraph (b) of subdivision one-b of section two hundred fortyof this chapter; or(iii) respondents whose income as defined by subparagraph five ofparagraph (b) of subdivision one-b of section two hundred forty of thischapter remaining after the payment of the current support obligationwould fall below the self-support reserve as defined by subparagraph sixof paragraph (b) of subdivision one-b of section two hundred forty ofthis chapter.(d) The court's discretionary decision not to suspend drivingprivileges shall not have any res judicata effect or preclude any otheragency with statutory authority to direct the department of motorvehicles to suspend driving privileges. Source: NYSenate.gov Open Legislation | Laws of New York Page 1