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-D
Child support proceedings and enforcement of arrears; suspension of recreational license
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 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.