N.Y. Domestic Relations Law § 244-d: 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.