N.Y. Domestic Relations Law Section 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 Vehicle & Traffic Law § 530 (Restricted use licenses)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 § 240 (Custody and child support)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 § 240 (Custody and child support)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 § 240 (Custody and child support)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 § 240 (Custody and child support)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.

Source: Section 244-B — Child support proceedings and enforcement of arrears; suspension of driving privileges, https://www.­nysenate.­gov/legislation/laws/DOM/244-B (updated Sep. 22, 2014; accessed Jul. 6, 2024).

230
Required residence of parties
231
Residence of married persons
232
Notice of nature of matrimonial action
233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served
234
Title to or occupancy and possession of property
235
Information as to details of matrimonial actions or proceedings
236
Special controlling provisions
237
Counsel fees and expenses
238
Expenses in enforcement and modification proceedings
239
Stay in divorce or separation action on default of payment
240
Custody and child support
240‑A
Judgment or decree
240‑B
Order of support by parent
240‑C
Review and cost of living adjustment of child support orders
240‑D
Support orders for certain adult dependents
241
Interference with or withholding of visitation rights
243
Security for payments by defendant in action for divorce, separation or annulment
244
Enforcement by execution of judgment or order in action for divorce, separation or annulment
244‑A
Enforcement of arrears which accrue during pendency of an enforcement proceeding
244‑B
Child support proceedings and enforcement of arrears
244‑C
Child support proceedings and enforcement of arrears
244‑D
Child support proceedings and enforcement of arrears
245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment
246
Persons financially unable to comply with orders or judgments directing the payment of alimony
247
Alimony or maintenance payments suspended during confinement in prison
248
Modification of judgment or order in action for divorce or annulment
249
Trial preferences in matrimonial actions
250
Agreements relating to marriage
251
Filing of order in family court
252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection
253
Removal of barriers to remarriage
254
Confidentiality
255
Prerequisites for judgments under articles nine, ten and eleven of this chapter

Accessed:
Jul. 6, 2024

Last modified:
Sep. 22, 2014

§ 244-B’s source at nysenate​.gov

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