N.Y. Family Court Act § 458-b: Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses

§ 458-b. Child support proceedings and enforcement of arrears;

suspension of state professional, occupational and business licenses.

(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 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 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 the

requirements of all summonses, 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 and has fully complied with all summons, subpoenas and

warrants relating to a paternity or child support proceeding, the court

shall cause the suspension of the order to be removed 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 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.

(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.