2010 New York Code
DOM - Domestic Relations
Article 13 - (230 - 255) PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF MATRIMONIAL ACTION
244-C - Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses.

§  244-c.  Child  support  proceedings  and  enforcement  of  arrears;
  suspensions of state professional, occupational and  business  licenses.
  (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 and 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 all
  summons, 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,  the  court  shall  cause  the suspension of the order to be
  rescinded 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-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 the domestic relations law, or

(iii) 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  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 the domestic relations law.
    (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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