2006 New York Code - Child Support Proceedings And Enforcement Of Arrears; Suspension Of State Professional, Occupational And Business Licenses.



 
    §  458-b.  Child  support  proceedings  and  enforcement  of  arrears;
  suspension of state professional, occupational  and  business  licenses.
  (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 and the court has determined that the respondent
  is licensed, 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 regarding
  the  suspension  of  such  license, permit, registration or authority to
  practice and to inform the court of the actions it has taken pursuant to
  such proceedings. For purposes of determining whether a  respondent  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,  and  the  court  has  determined  that  the
  respondent is licensed, permitted or registered  by  or  with  a  board,
  department,  authority  or  office of this state or one of its political
  subdivisions  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 regarding
  the suspension of such license, permit,  registration  or  authority  to
  practice and to inform the court of the actions it has taken pursuant to
  such   proceeding.   The   court  may  subsequently  order  such  board,
  department, authority or office  to  terminate  the  suspension  of  the
  respondent's  license,  permit,  registration  or authority to practice;
  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.
    (c) If the court determines that the suspension of the license, permit
  or  registration  of  the respondent would create an extreme hardship to
  either the licensee, permittee or registrant or to persons  whom  he  or
  she  serves,  the  court  may,  in lieu of suspension, suspend the order
  described in subdivision (a) of this section to the licensing entity for
  a period not to exceed one year.  If on or before the expiration of this
  period the court has not received competent proof presented  at  hearing
  that  the  respondent  is  in  full  compliance  with his or her support
  obligation and has  fully  complied  with  all  summons,  subpoenas  and
  warrants  relating to a paternity or child support proceeding, the court
  shall cause the suspension of the order to be removed and shall  further
  cause such order to be served upon the licensing entity.
    (d)  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. (e) The court shall inform the respondent that competent proof for purposes of proving payment to a licensing entity shall be a certified check, notice issued by the court, or notice from a support collection unit where the order is for payment to the support collection unit.

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