Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 244-C
Child support proceedings and enforcement of arrears; suspensions of state professional, occupational and business licenses
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 244-c. Child support proceedings and enforcement of arrears;
suspensions of state professional, occupational and business licenses.
(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 and 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 all
summons, 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, the court shall cause the suspension of the order to be
rescinded 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-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 the domestic relations law, or

(iii) 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 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 the domestic relations law.

(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.