2006 New York Code - Child Support Proceedings And Enforcement Of Arrears; Suspension Of Recreational License.



 
    §  244-d.  Child  support  proceedings  and  enforcement  of  arrears;
  suspension  of  recreational  license.    (a)  In  any  proceeding   for
  enforcement  of a direction or agreement, incorporated in a judgement 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 any agency responsible for
  the issuance of a recreational license to suspend or refuse to reissue a
  license to the respondent, or deny application for such license  by  the
  respondent.  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, the court may order any agency responsible for
  the issuance of a recreational  license  to  suspend  or  to  refuse  to
  reissue  a  license  to  the  respondent or to deny application for such
  license by the respondent. The court may subsequently order such  agency
  to  terminate  the  adverse  action  regarding the respondent's license;
  however, the court shall order the termination  of  such  suspension  or
  other adverse action when the court is satisfied that the respondent has
  fully  complied  with  the  requirements  of all summons, 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 the
  domestic relations law 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 article; or
    (iii)  respondents  whose  income  as  defined by subparagraph five of
  paragraph (b) of subdivision one-b of section two hundred forty of  this
  article  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 article.

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