Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dom > Article-13 > 244-b

§  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.