2013 New York Consolidated Laws
DOM - Domestic Relations
Article 13 - (230 - 255) PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF MATRIMONIAL ACTION
244-B - Child support proceedings and enforcement of arrears; suspension of driving privileges.

 
    §  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.