N.Y. Domestic Relations Law § 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.