Enforcement of arrears; Suspension of driving privileges

§ 458-a. Enforcement of arrears; Suspension of driving privileges.
(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, 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 the requirements
of all summonses, subpoenas and warrants relating to a paternity or
child support proceeding. Nothing in this subdivision shall authorize
the court to terminate the respondent's suspension of driving privileges
except as provided in this subdivision.

(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 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.

(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.