ARTICLE 13: Provisions Applicable to More Than One Type of Matrimonial Action
(provided by Divorce Source, Inc.)
Published 6.5.98
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Sec. 244-a. Enforcement of arrears which accrue during
pendency of an enforcement proceeding. In any proceeding for
enforcement of payment of any sum of money as required by
judgment or order the party seeking enforcement may amend the
papers in support of the application for enforcement to include
any additional arrears which have accrued since the commencement
of such enforcement proceeding at the time of a hearing upon or
submission of the matter, provided that written notice of the
intention to so amend has been given eight days previously.
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Sec. 244-b. Child support proceedings and enforcement of arrears; suspen-
sion 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
current support due for a period of four months, the court may order the
department of motor vehicles to suspend the respondent`s driving privi-
leges, and if such order issues, the respondent may apply to the depart-
ment 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 deter-
mining whether a support obligor has accumulated support arrears equiv-
alent to or greater than the amount of current support due for a period
of four months, the existence of any retroactive support 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 satis-
fied that the respondent has fully complied with all summonses, subpoe-
nas 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
(d) The court`s discretionary decision not to suspend driving privi-
leges shall not have any res judicata effect or preclude any other agen-
cy with statutory authority to direct the department of motor vehicles
to suspend driving privileges.
(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.
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Sec. 244-c. Child support proceedings and enforcement of arrears; suspen-
sions 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 compe-
tent proof that the respondent has accumulated support arrears equiv-
alent to or greater than the amount of current support due for 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, regis-
tration, 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 current support due for a period of four
months, the existence of any retroactive support 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 respond-
ent 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 occupa-
tion, 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, regis-
tration 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
(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.
(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.
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Sec. 244-d. Child support proceedings and enforcement of arrears; suspen-
sion 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 accu-
mulated support arrears equivalent to or greater than the amount of
current support due for 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 current support due for a period of four months, the
existence of any retroactive support shall not be included in the calcu-
lation 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 reis-
sue 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; howev-
er, 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
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(ii) respondents whose income as defined by subparagraph five of para-
graph (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.
Sec. 245. Enforcement by contempt proceedings of judgment or order in
action for divorce, separation or annulment. Where a spouse, in an
action for divorce, separation, annulment or declaration of nullity of a
void marriage, or for the enforcement in this state of a judgment for
divorce, separation, annulment or declaration of nullity of a void
marriage rendered in another state, makes default in paying any sum of
money as required by the judgment or order directing the payment
thereof, and it appears presumptively, to the satisfaction of the court,
that payment cannot be enforced pursuant to section two hundred
forty-three or two hundred forty-four of this chapter or section
fifty-two hundred forty-one or fifty-two hundred forty-two of the civil
practice law and rules, the aggrieved spouse may make application
pursuant to the provisions of section seven hundred fifty-six of the
judiciary law to punish the defaulting spouse for contempt, and where
the judgment or order directs the payment to be made in installments, or
at stated intervals, failure to make such single payment or installment
may be punished as therein provided, and such punishment, either by fine
or commitment, shall not be a bar to a subsequent proceeding to punish
the defaulting spouse as for a contempt for failure to pay subsequent
installments, but for such purpose such spouse may be proceeded against
under the said order in the same manner and with the same effect as
though such installment payment was directed to be paid by a separate
and distinct order, and the provisions of the civil rights law are
hereby superseded so far as they are in conflict therewith. Such
application may also be made without any previous sequestration or
direction to give security where the court is satisfied that they would
be ineffectual. No demand of any kind upon the defaulting spouse shall
be necessary in order that he or she be proceeded against and punished
for failure to make any such payment or to pay any such installment;
personal service upon the defaulting spouse of an uncertified copy of
the judgment or order under which the default has occurred shall be
sufficient.
Copyright© 1996. All rights reserved by Divorce Source, Inc.