2006 New York Code - Enforcement Of Arrears; Suspension Of Driving Privileges.

 
    §  458-a.  Enforcement  of  arrears; Suspension of driving privileges.
  (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  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 the requirements
  of all summonses, subpoenas and warrants  relating  to  a  paternity  or
  child  support  proceeding.  Nothing in this subdivision shall authorize
  the court to terminate the respondent's suspension of driving privileges
  except as provided in this subdivision.
    (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 act; or
    (iii) respondents whose income as  defined  by  subparagraph  five  of
  paragraph  (b)  of  subdivision  one of section four hundred thirteen of
  this act 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 act.
    (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.