N.Y. Family Court Act § 458-a: Enforcement of arrears; Suspension of driving privileges

§ 458-a. Enforcement of arrears; Suspension of driving privileges.

(a) If the respondent has accumulated support arrears equivalent to or

greater than the amount of support due pursuant to court 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 the requirements

of all summonses, subpoenas and warrants relating to a paternity or

child support proceeding. Nothing in this subdivision shall authorize

the court to terminate the respondent's suspension of driving privileges

except as provided in this subdivision.

(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 of section four hundred thirteen of

this act falls below the self-support reserve as defined by subparagraph

six of paragraph (b) of subdivision one of section four hundred thirteen

of this act; or

(iii) respondents whose income as defined by subparagraph five of

paragraph (b) of subdivision one of section four hundred thirteen of

this act 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 of section four hundred thirteen of

this act.

(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.