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244-B - Child support proceedings and enforcement of arrears; suspension of driving privileges.

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§244-b.Childsupportproceedingsandenforcementofarrears;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 ofmoneyaschildsupport or combined child and spousal support, if the court is satisfiedbycompetentproof 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 mayorderthedepartmentofmotorvehiclestosuspendtherespondent'sdrivingprivileges, and if such order issues, the respondent mayapplytothedepartmentofmotorvehicles for a restricted use license pursuant tosection five hundred thirty of the vehicle and trafficlaw.Thecourtmay at any time upon payment of arrears or partial payment of arrears bytherespondentorder the department of motor vehicles to terminate thesuspensionofrespondent'sdrivingprivileges. For purposes ofdeterminingwhetherasupport obligor has accumulated support arrearsequivalent to or greater than the amount of support due for a periodoffourmonths, the amount of any retroactive support, other than periodicpayments of retroactivesupportwhicharepastdue,shallnotbeincluded in the calculation of support arrears pursuant to this section.(b)Iftherespondent, after receiving appropriate notice, fails tocomply with a summons, subpoena or warrant relating toapaternityorchildsupportproceeding,the court may order the department of motorvehicles to suspend the respondent's driving privileges. Thecourtmaysubsequentlyorderthedepartmentof motor vehicles to terminate thesuspension of the respondent's driving privileges;however,thecourtshallordertheterminationofsuchsuspensionwhenthe court issatisfied that the respondent has fullycompliedwithallsummonses,subpoenasandwarrantsrelatingtoapaternityorchildsupportproceeding.(c) The provisions of subdivision (a) of this section shall notapplyto:(i)respondentswhoare receiving public assistance or supplementalsecurity income; or(ii) respondents whose incomeasdefinedbysubparagraphfiveofparagraph(b) of subdivision one-b of section two hundred forty of thischapter falls below the self-support reserve as defined bysubparagraphsixofparagraph (b) of subdivision one-b of section two hundred fortyof this chapter; or(iii) respondents whose income asdefinedbysubparagraphfiveofparagraph(b) of subdivision one-b of section two hundred forty of thischapter remaining after the payment of thecurrentsupportobligationwould fall below the self-support reserve as defined by subparagraph sixofparagraph(b)of subdivision one-b of section two hundred forty ofthis chapter.(d)Thecourt'sdiscretionarydecisionnottosuspend drivingprivilegesshall not have any res judicata effect or preclude any otheragency with statutoryauthoritytodirectthedepartmentofmotorvehicles to suspend driving privileges.
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  • § 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 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 the department of motor vehicles to suspend the respondent's driving privileges, and if such order issues, the respondent may apply to the department of motor vehicles for a restricted use license pursuant to section five hundred thirty of the vehicle and traffic law. The court may at any time upon payment of arrears or partial payment of arrears by the respondent order the department of motor vehicles to terminate the suspension of respondent's driving privileges. For purposes of determining whether a support obligor 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 the department of motor vehicles to suspend the respondent's driving privileges. The court may subsequently order the department of motor vehicles to terminate the suspension of the respondent's driving privileges; however, the court shall order the termination of such suspension when the court is satisfied that the respondent has fully complied with all summonses, 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 this chapter 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 chapter; or (iii) respondents whose income as defined by subparagraph five of paragraph (b) of subdivision one-b of section two hundred forty of this chapter 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 chapter. (d) The court's discretionary decision not to suspend driving privileges shall not have any res judicata effect or preclude any other agency with statutory authority to direct the department of motor vehicles to suspend driving privileges.

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