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This entry was published on 2014-09-22
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SECTION 244-B
Child support proceedings and enforcement of arrears; suspension of driving privileges
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 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.