N.Y. Domestic Relations Law § 244-C

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 244-C — Child support proceedings and enforcement of arrea DRL § 244-C Child support proceedings and enforcement of arrears;suspensions of state professional, occupational and business licens ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 244-c. Child support proceedings and enforcement of arrears;suspensions of state professional, occupational and business licenses.(a) In any proceeding for enforcement of a direction or agreement,incorporated in a judgement 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 and that the respondent islicensed, 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 regardingthe suspension of such license, permit, registration, or authority topractice and to inform the court of the actions it has taken pursuant tosuch proceedings. For purposes of determining whether a respondent hasaccumulated support arrears equivalent to or greater than the amount ofsupport due for a period of four months, the amount of any retroactivesupport, other than periodic payments of retroactive support which arepast due, shall not be included in the calculation of support arrearspursuant 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, and the court has determined that therespondent is licensed, permitted or registered by or with a board,department, authority or office of this sta elating to a paternity orchild support proceeding, and the court has determined that therespondent is licensed, permitted or registered by or with a board,department, authority or office of this state or one of its politicalsubdivisions 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 regardingthe suspension of such license, permit, registration or authority topractice and to inform the court of the actions it has taken pursuant tosuch proceeding. The court may subsequently order such board,department, authority or office to terminate the suspension of therespondent's license, permit, registration or authority to practice;however, the court shall order the termination of such suspension whenthe court is satisfied that the respondent has fully complied with allsummons, subpoenas and warrants relating to a paternity or child supportproceeding.(c) If the court determines that the suspension of the license, permitor registration of the respondent would create an extreme hardship toeither the licensee, permittee or registrant or to persons whom he orshe serves, the court may, in lieu of suspension, suspend the orderdescribed in subdivision (a) of this section to the licensing entity fora period not to exceed one year. If, on or before the expiration of thisperiod, the court has not received competent proof presented at hearingthat the respondent is in full compliance with his or her supportobligation, the court shall cause the suspension of the order to berescinded and shall further cause such order to be served upon thelicensing entity.(d) 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 t 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 thedomestic relations law falls below the self-support reserve as definedby subparagraph six of paragraph (b) of subdivision one-b of section twohundred forty of the domestic relations law, or(iii) respondents whose income as defined by subparagraph five ofparagraph (b) of subdivision one-b of section two hundred forty of thedomestic relations law remaining after the payment of the currentsupport obligation would fall below the self-support reserve as definedby subparagraph six of Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 244-C — Child support proceedings and enforcement of arrea paragraph (b) of subdivision one-b of section twohundred forty of the domestic relations law.(e) The court shall inform the respondent that competent proof forpurposes of proving payment to a licensing entity shall be a certifiedcheck, notice issued by the court, or notice from a support collectionunit where the order is for payment to the support collection unit. Source: NYSenate.gov Open Legislation | Laws of New York Page 2