STATE OF NEW YORK
________________________________________________________________________
7746
2025-2026 Regular Sessions
IN SENATE
May 2, 2025
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the domestic relations law, the vehicle and traffic law,
the social services law, the family court act, the alcoholic beverage
control law, the education law, the judiciary law, the real property
law and the insurance law, in relation to eliminating the requirement
of the suspension of driver's licenses, professional licenses or
recreational licenses for failing to pay child support; and to repeal
certain provisions of the insurance law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading and subdivisions (a) and (b) of section
2 244-b of the domestic relations law, the section heading as amended and
3 subdivision (b) as added by chapter 398 of the laws of 1997 and subdivi-
4 sion (a) as amended by chapter 624 of the laws of 2002, are amended to
5 read as follows:
6 [Child support proceedings] Proceedings and enforcement of arrears;
7 suspension of driving privileges.
8 (a) In any proceeding for the enforcement of a direction or agreement,
9 incorporated in a judgment or order, to pay any sum of money as [child
10 support or combined child and] spousal support, if the court is satis-
11 fied by competent proof that the respondent has accumulated support
12 arrears equivalent to or greater than the amount of support due pursuant
13 to such judgment or order for a period of four months, the court may
14 order the department of motor vehicles to suspend the respondent's driv-
15 ing privileges, and if such order issues, the respondent may apply to
16 the department of motor vehicles for a restricted use license pursuant
17 to section five hundred thirty of the vehicle and traffic law. The court
18 may at any time upon payment of arrears or partial payment of arrears by
19 the respondent order the department of motor vehicles to terminate the
20 suspension of respondent's driving privileges. For purposes of determin-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03411-01-5
S. 7746 2
1 ing whether a support obligor has accumulated support arrears equivalent
2 to or greater than the amount of support due for a period of four
3 months, the amount of any retroactive support, other than periodic
4 payments of retroactive support which are past due, shall not be
5 included in the calculation of support arrears pursuant to this section.
6 (b) If the respondent, after receiving appropriate notice, fails to
7 comply with a summons, subpoena or warrant relating to a paternity [or
8 child support] proceeding, the court may order the department of motor
9 vehicles to suspend the respondent's driving privileges. The court may
10 subsequently order the department of motor vehicles to terminate the
11 suspension of the respondent's driving privileges; however, the court
12 shall order the termination of such suspension when the court is satis-
13 fied that the respondent has fully complied with all summonses, subpoe-
14 nas and warrants relating to a paternity [or child support] proceeding.
15 § 2. Subdivision 4-e of section 510 of the vehicle and traffic law, as
16 amended by chapter 601 of the laws of 2007, is amended to read as
17 follows:
18 4-e. Suspension and disqualification for failure [to make child
19 support payments or failure] to comply with a summons, subpoena or
20 warrant relating to a paternity [or child support] proceeding. (1) The
21 commissioner, on behalf of the department, shall enter into a written
22 agreement with the commissioner of the office of temporary and disabili-
23 ty assistance, on behalf of the office of temporary and disability
24 assistance, which shall set forth the procedures for suspending the
25 driving privileges of individuals who have failed to make payments of
26 [child support or combined child and] spousal support.
27 (2) Such agreement shall include:
28 (i) the procedure under which the office of temporary and disability
29 assistance shall notify the department of an individual's liability for
30 support arrears;
31 (ii) the procedure under which the department shall be notified by the
32 office of temporary and disability assistance that an individual has
33 satisfied or commenced payment of [his or her] such individual's support
34 arrears; or has made satisfactory payment arrangements thereon and shall
35 have the suspension of [his or her] such individual's driving privileges
36 terminated;
37 (iii) the procedure for reimbursement of the department and its agents
38 by the office of temporary and disability assistance for the full addi-
39 tional costs of carrying out the procedures authorized by this section,
40 and may include, subject to the approval of the director of the budget,
41 a procedure for reimbursement of necessary additional costs of collect-
42 ing social security numbers pursuant to section five hundred two of this
43 title;
44 (iv) provision for the publicizing of sanctions for nonpayment of
45 [child] support including the potential for the suspension of delinquent
46 support obligors' driving privileges if they fail to pay [child support
47 or combined child and] spousal support; and
48 (v) such other matters as the parties to such agreement shall deem
49 necessary to carry out provisions of this section.
50 (3) Upon receipt of notification from the office of temporary and
51 disability assistance of a person's failure to satisfy support arrears
52 or to make satisfactory payment arrangements thereon pursuant to para-
53 graph (e) of subdivision twelve of section one hundred eleven-b of the
54 social services law or notification from a court issuing an order pursu-
55 ant to section four hundred fifty-eight-a of the family court act [or
56 section two hundred forty-four-b of the domestic relations law], the
S. 7746 3
1 commissioner or [his or her] such commissioner's agent shall suspend the
2 license of such person to operate a motor vehicle. In the event such
3 person is unlicensed, such person's privilege of obtaining a license
4 shall be suspended. Such suspension shall take effect no later than
5 fifteen days from the date of the notice thereof to the person whose
6 license or privilege of obtaining a license is to be suspended, and
7 shall remain in effect until such time as the commissioner is advised
8 that the person has satisfied the support arrears or has made satisfac-
9 tory payment arrangements thereon pursuant to paragraph (e) of subdivi-
10 sion twelve of section one hundred eleven-b of the social services law
11 or until such time as the court issues an order to terminate such
12 suspension;
13 (4) From the time the commissioner is notified by the office of tempo-
14 rary and disability assistance of a person's liability for support
15 arrears under this section, the commissioner shall be relieved from all
16 liability to such person which may otherwise arise under this section,
17 and such person shall have no right to commence a court action or
18 proceeding or to any other legal recourse against the commissioner to
19 recover such driving privileges as authorized by this section. In addi-
20 tion, notwithstanding any other provision of law, such person shall have
21 no right to a hearing or appeal pursuant to this chapter with respect to
22 a suspension of driving privileges as authorized by this section. Howev-
23 er, nothing herein shall be construed to prohibit such person from
24 proceeding against the support collection unit pursuant to article
25 seventy-eight of the civil practice law and rules.
26 (5) Any person whose license has been suspended pursuant to subdivi-
27 sion three of this section may apply for the issuance of a restricted
28 use license as provided in section five hundred thirty of this title.
29 § 3. Subdivision 12 of section 111-b of the social services law, as
30 added by chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b)
31 as amended by chapter 624 of the laws of 2002 and paragraph (d) as
32 amended by chapter 309 of the laws of 1996, is amended to read as
33 follows:
34 12. (a) The department, through the commissioner, shall enter into the
35 agreement provided for in section five hundred ten of the vehicle and
36 traffic law and is authorized to furnish to the commissioner of motor
37 vehicles such information and to take such actions as may be necessary
38 to carry out the agreement provided for in such section, for the
39 enforcement of [child] spousal support orders through the suspension of
40 delinquent obligors' driving privileges.
41 (b) (1) When a support obligor who is or was under a court order to
42 pay [child support or combined child and] spousal support to a support
43 collection unit on behalf of persons receiving services under this title
44 has accumulated support arrears equivalent to or greater than the amount
45 of support due pursuant to such order for a period of four months, the
46 office of temporary and disability assistance shall notify the support
47 obligor in writing that [his or her] such obligor's continued failure to
48 pay the support arrears shall result in notification to the department
49 of motor vehicles to suspend the support obligor's driving privileges
50 unless the support obligor complies with the requirements set forth in
51 paragraph (e) of this subdivision. For purposes of determining whether a
52 support obligor has accumulated support arrears equivalent to or greater
53 than the amount of support due for a period of four months, the amount
54 of any retroactive support, other than periodic payments of retroactive
55 support which are past due, shall not be included in the calculation of
56 support arrears pursuant to this section; however, if at least four
S. 7746 4
1 months of support arrears have accumulated subsequent to the date of the
2 court order, the entire amount of any retroactive support may be
3 collected pursuant to the provisions of this subdivision or as otherwise
4 authorized by law.
5 (2) The department shall provide the notice required by subparagraph
6 one of this paragraph by first class mail to the support obligor's last
7 known address or such other place where the support obligor is likely to
8 receive notice, or in the same manner as a summons may be served.
9 Forty-five days after the date of such notice, if the support obligor
10 has not challenged the determination of the support collection unit
11 pursuant to subparagraph one of paragraph (d) of this subdivision or if
12 the support obligor has failed to satisfy the arrears/past due support
13 or to otherwise comply with the requirements set forth in paragraph (e)
14 of this subdivision, the department shall notify the department of motor
15 vehicles that the support obligor's driving privileges are to be
16 suspended pursuant to section five hundred ten of the vehicle and traf-
17 fic law. Upon the support obligor's compliance with the provisions of
18 paragraph (e) of this subdivision, the department shall advise the
19 department of motor vehicles within five business days that the suspen-
20 sion of the support obligor's driving privileges shall be terminated. If
21 the support obligor appears in person at the support collection unit to
22 satisfy the requirements of paragraph (e) of this subdivision, the
23 support collection unit shall immediately provide a notice of compliance
24 to the support obligor, in addition to the notice sent directly to the
25 department of motor vehicles.
26 (3) Notwithstanding the requirements of this subdivision, no notice
27 shall be issued by the department pursuant to subparagraph one of this
28 paragraph to a support obligor from whom support payments are being
29 received by the support collection unit as a result of an income
30 execution or an income deduction order issued pursuant to section five
31 thousand two hundred forty-one or five thousand two hundred forty-two of
32 the civil practice law and rules.
33 (c) The notice provided to a support obligor by the department pursu-
34 ant to paragraph (b) of this subdivision shall contain the caption of
35 the order of support, the date the order of support was entered, the
36 court in which it was entered, the amount of the periodic payments
37 directed, and the amount of arrears/past due support. In addition, the
38 notice shall include:
39 (1) an explanation of the action required pursuant to paragraph (e) of
40 this subdivision to be taken by the support obligor to avoid the suspen-
41 sion of [his or her] such obligor's driving privileges;
42 (2) a statement that forty-five days after the date of the notice, the
43 department of motor vehicles will be notified to suspend the support
44 obligor's driving privileges unless the support obligor may challenge
45 the support collection unit's determination as set forth in paragraph
46 (d) of this subdivision within forty-five days of the date of such
47 notice; a statement of the manner in which the support obligor may chal-
48 lenge the determination, and a statement that if the support obligor
49 challenges the determination, a review will be completed by the support
50 collection unit within seventy-five days of the date of the notice;
51 (3) a statement that if the support obligor does not challenge the
52 support collection unit's determination then the department of motor
53 vehicles shall be notified to suspend the support obligor's driving
54 privileges unless the support obligor contacts the support collection
55 unit to arrange for full payment or commencement of satisfactory payment
56 arrangements on the arrears/past due support, or to comply otherwise
S. 7746 5
1 with the requirements set forth in paragraph (e) of this subdivision,
2 within forty-five days of the date of the notice;
3 (4) the address and telephone number of the support collection unit
4 that the support obligor may contact to request information about a
5 challenge or to comply with the requirements set forth in paragraph (e)
6 of this subdivision;
7 (5) a statement that the suspension of driving privileges will contin-
8 ue until the support obligor pays the support arrears or complies other-
9 wise with the requirements set forth in paragraph (e) of this subdivi-
10 sion; and
11 (6) a statement printed in boldface type that the support obligor's
12 intentional submission of false written statements to the support
13 collection unit for the purpose of frustrating or defeating the lawful
14 enforcement of support obligations is punishable pursuant to section
15 175.35 of the penal law.
16 (d) (1) A support obligor may challenge in writing the correctness of
17 the determination of the support collection unit that the obligor's
18 driving privileges should be suspended, and in support of the challenge
19 may submit documentation demonstrating mistaken identity, error in
20 calculation of arrears, financial exemption from license suspension
21 pursuant to the conditions enumerated in paragraph (e) of this subdivi-
22 sion, the absence of an underlying court order to support such determi-
23 nation, or other reason that the person is not subject to such determi-
24 nation. Such documents may include but are not limited to a copy of the
25 order of support pursuant to which the obligor claims to have made
26 payment, other relevant court orders, copies of cancelled checks,
27 receipts for support payments, pay stubs or other documents identifying
28 wage withholding, and proof of identity. The support collection unit
29 shall review the documentation submitted by the support obligor, shall
30 adjust the support obligor's account if appropriate, and shall notify
31 the support obligor of the results of the review initiated in response
32 to the challenge within seventy-five days from the date of the notice
33 required by paragraph (b) of this subdivision. If the support collection
34 unit's review indicates that the determination to suspend driving privi-
35 leges was correct, the support collection unit shall notify the support
36 obligor of the results of the review and that the support obligor has
37 thirty-five days from the date of mailing of such notice to satisfy the
38 full amount of the arrears or commence payment of the arrears/past due
39 support as specified in paragraph (e) of this subdivision and if the
40 support obligor fails to do so, the support collection unit shall notify
41 the department of motor vehicles to suspend the support obligor's driv-
42 ing privileges pursuant to section five hundred ten of the vehicle and
43 traffic law. The support obligor shall be further notified that if the
44 support obligor files objections with the family court and serves these
45 objections on the support collection unit within thirty-five days from
46 the date of mailing of the notice denying the challenge pursuant to
47 subdivision five of section four hundred fifty-four of the family court
48 act, the support collection unit shall not notify the department of
49 motor vehicles to suspend the support obligor's driving privileges until
50 fifteen days after entry of judgement by the family court denying the
51 objections.
52 (2) A support obligor may within thirty-five days of mailing of the
53 notice denying [his or her] such obligor's challenge by the support
54 collection unit request that the family court review the support
55 collection unit's determination pursuant to subdivision five of section
56 four hundred fifty-four of the family court act. If the support obligor
S. 7746 6
1 requests the family court to review the determination of the support
2 collection unit, the support collection unit shall not notify the
3 department of motor vehicles to suspend the support obligor's driving
4 privileges until fifteen days after mailing of a copy of the judgment by
5 the family court to the support obligor denying the objections.
6 (e) A support obligor who has received a notice that [his or her] such
7 obligor's driving privileges shall be suspended may avoid the suspension
8 by:
9 (1) making full payment of all arrears/past due support to the support
10 collection unit; or
11 (2) making satisfactory payment arrangements with the support
12 collection unit for payment of the arrears/past due support and the
13 current support obligation. "Satisfactory payment arrangements" shall
14 mean:
15 (i) execution of a confession of judgment for the total balance of the
16 arrears/past due support; and
17 (ii) execution of a verified statement of net worth on a form
18 prescribed by the commissioner setting forth the obligor's income from
19 all sources, liquid assets and holdings, copies of the obligor's drivers
20 license, most recent federal and state tax return, and a representative
21 pay stub, and an eighteen month employment history; and
22 (iii) execution and verification of a stipulation that the obligor
23 will notify the support collection unit of all future changes of address
24 until such time as the obligation to pay support is terminated; and
25 (iv) payment of support to the support collection unit by income
26 execution pursuant to section five thousand two hundred forty-one of the
27 civil practice law and rules, which shall include deductions sufficient
28 to ensure compliance with the direction in the order of support and
29 shall include an additional amount to be applied to the reduction of
30 arrears as required by subdivision (b) of such section, or by execution
31 of an agreement for payment of the arrears/past due support and any
32 current support directly to the support collection unit in an amount
33 which is consistent with that which would have been made under such an
34 income execution; provided however, that where the support obligor fails
35 to comply with the agreement, [he/she] such obligor may avoid or termi-
36 nate the suspension of driving privileges only by making at least fifty
37 percent payment of all arrears/past due support to the support
38 collection unit and in addition, entering into a payment plan pursuant
39 to this subdivision with the support collection unit within fifteen
40 days. However, in any case when the support obligor fails to comply
41 with a payment plan as described herein more than once within twelve
42 months, the obligor must pay the balance of all arrears/past due support
43 to avoid or terminate license suspension. "Failure to comply" for these
44 purposes shall mean missing payments in an amount equivalent to four
45 months of support under the payment plan, unless the support obligor
46 demonstrates that [he or she] such obligor has filed a petition for
47 modification that is pending; or
48 (3) providing documentation that shows the support obligor is receiv-
49 ing public assistance or supplemental security income; or
50 (4) providing to the support collection unit the documentation
51 required by clauses (i) through (iii) of subparagraph two of this para-
52 graph, where such documentation is sufficient for the support collection
53 unit to determine:
54 (i) that the support obligor's income, as defined by subparagraph five
55 of paragraph (b) of subdivision one of section four hundred thirteen of
56 the family court act, falls below the self-support reserve as defined by
S. 7746 7
1 subparagraph six of paragraph (b) of subdivision one of section four
2 hundred thirteen of the family court act; or
3 (ii) that the amount of the support obligor's income, as defined by
4 subparagraph five of paragraph (b) of subdivision one of section four
5 hundred thirteen of the family court act, remaining after the payment of
6 the current support obligation would fall below the self-support reserve
7 as defined by subparagraph six of paragraph (b) of subdivision one of
8 section four hundred thirteen of the family court act.
9 (f) A support obligor who alleges that [he or she] such obligor has
10 not received actual notice pursuant to paragraph one of subdivision (b)
11 of this section and whose driving privileges were suspended may at any
12 time request a review pursuant to subdivision (d) of this section or
13 comply with the requirements of subdivision (e) of this section, and
14 upon a determination that [he or she] such obligor has not accumulated
15 support arrears equivalent to or greater than the amount of support due
16 for a period of four months or that [he or she] such obligor meets the
17 requirements of subdivision (e) of this section, the department shall
18 notify the department of motor vehicles that the suspension of driving
19 privileges shall be terminated.
20 § 4. Subdivision (b) of section 458-a of the family court act, as
21 added by chapter 398 of the laws of 1997, is amended to read as follows:
22 (b) If the respondent, after receiving appropriate notice, fails to
23 comply with a summons, subpoena or warrant relating to a paternity [or
24 child support] proceeding, the court may order the department of motor
25 vehicles to suspend the respondent's driving privileges. The court may
26 subsequently order the department of motor vehicles to terminate the
27 suspension of the respondent's driving privileges; however, the court
28 shall order the termination of such suspension when the court is satis-
29 fied that the respondent has fully complied with the requirements of all
30 summonses, subpoenas and warrants relating to a paternity [or child
31 support] proceeding. Nothing in this subdivision shall authorize the
32 court to terminate the respondent's suspension of driving privileges
33 except as provided in this subdivision.
34 § 5. The section heading and subdivisions (a) and (b) of section 244-c
35 of the domestic relations law, the section heading as amended and subdi-
36 vision (b) as added by chapter 398 of the laws of 1997 and subdivision
37 (a) as amended by chapter 624 of the laws of 2002, are amended to read
38 as follows:
39 [Child support proceedings] Proceedings and enforcement of arrears;
40 suspensions of state professional, occupational and business licenses.
41 (a) In any proceeding for enforcement of a direction or agreement,
42 incorporated in a judgement or order, to pay any sum of money as [child
43 support or combined child and] spousal support, if the court is satis-
44 fied by competent proof that the respondent has accumulated support
45 arrears equivalent to or greater than the amount of support due pursuant
46 to such judgment or order for a period of four months and that the
47 respondent is licensed, permitted or registered by or with a board,
48 department, authority or office of this state to conduct a trade, busi-
49 ness, profession or occupation, the court may order such board, depart-
50 ment, authority or office to commence proceedings as required by law
51 regarding the suspension of such license, permit, registration, or
52 authority to practice and to inform the court of the actions it has
53 taken pursuant to such proceedings. For purposes of determining whether
54 a respondent has accumulated support arrears equivalent to or greater
55 than the amount of support due for a period of four months, the amount
56 of any retroactive support, other than periodic payments of retroactive
S. 7746 8
1 support which are past due, shall not be included in the calculation of
2 support arrears pursuant to this section.
3 (b) If the respondent, after receiving appropriate notice, fails to
4 comply with a summons, subpoena or warrant relating to a paternity [or
5 child support] proceeding, and the court has determined that the
6 respondent is licensed, permitted or registered by or with a board,
7 department, authority or office of this state or one of its political
8 subdivisions or instrumentalities to conduct a trade, business, profes-
9 sion or occupation, the court may order such board, department, authori-
10 ty or office to commence proceedings as required by law regarding the
11 suspension of such license, permit, registration or authority to prac-
12 tice and to inform the court of the actions it has taken pursuant to
13 such proceeding. The court may subsequently order such board, depart-
14 ment, authority or office to terminate the suspension of the respond-
15 ent's license, permit, registration or authority to practice; however,
16 the court shall order the termination of such suspension when the court
17 is satisfied that the respondent has fully complied with all summons,
18 subpoenas and warrants relating to a paternity [or child support]
19 proceeding.
20 § 6. Paragraphs (a), (b), (d) and (g) of subdivision 4 of section 119
21 of the alcoholic beverage control law, paragraphs (a) and (b) as amended
22 and paragraph (d) as added by chapter 398 of the laws of 1997 and para-
23 graph (g) as added by chapter 81 of the laws of 1995 and as relettered
24 by chapter 398 of the laws of 1997, are amended to read as follows:
25 (a) The provisions of this subdivision shall apply in all cases of
26 licensee or permittee failure after receiving appropriate notice, to
27 comply with a summons, subpoena or warrant relating to a paternity [or
28 child support] proceeding and arrears in payment of [child support or
29 combined child and] spousal support referred to the authority by a court
30 pursuant to the requirements of section [two hundred forty-four-c of the
31 domestic relations law or pursuant to section] four hundred
32 fifty-eight-b or five hundred forty-eight-b of the family court act.
33 (b) Upon receipt of an order from the court based on arrears in
34 payment of [child support or combined child and] spousal support pursu-
35 ant to one of the foregoing provisions of law, the authority, if it
36 finds such person to have been issued a license or permit, shall within
37 thirty days of receipt of such order from the court, provide notice to
38 the licensee or permittee of, and initiate, a hearing which shall be
39 held at least twenty days and no more than thirty days after the sending
40 of such notice to the licensee or permittee. The hearing shall be sole-
41 ly held for the purpose of determining whether there exists as of the
42 date of the hearing proof that full payment of all arrears of support
43 established by the order of the court to be due from the licensee or
44 permittee have been paid. Proof of such payment shall be a certified
45 check showing full payment of established arrears or a notice issued by
46 the court or the support collection unit, where the order is payable to
47 the support collection unit designated by the appropriate social
48 services district. Such notice shall state that full payment of all
49 arrears of support established by the order of the court to be due have
50 been paid. The licensee or permittee shall be given full opportunity to
51 present such proof of payment at the hearing in person or by counsel.
52 The only issue to be determined by the authority as a result of the
53 hearing is whether the arrears have been paid. No evidence with respect
54 to the appropriateness of the court order or ability of the respondent
55 party in arrears to comply with such order shall be received or consid-
56 ered by the authority.
S. 7746 9
1 (d) Upon receipt of an order from the court based on failure to
2 comply with a summons, subpoena, or warrant relating to a paternity [or
3 child support] proceeding, the authority, if it finds such person has
4 been issued a license or permit, shall within thirty days of receipt of
5 such order from the court, provide notice to the licensee or permittee
6 that [his or her] such licensee or permittee's license shall be
7 suspended in sixty days unless the conditions in paragraph (e) of this
8 subdivision are met.
9 (g) This subdivision applies to support obligations paid pursuant to
10 any order of [child support or child and] spousal support issued under
11 provisions of [article three-A or] section two hundred thirty-six or two
12 hundred forty of the domestic relations law, or article four, five or
13 five-A of the family court act.
14 § 7. Section 6509-b of the education law, as added by chapter 81 of
15 the laws of 1995, is amended to read as follows:
16 § 6509-b. Additional definition of professional misconduct; arrears in
17 payment of support; limited application. 1. The provisions of this
18 section shall apply in all cases of licensee or registrant arrears in
19 payment of [child support or combined child and] spousal support
20 referred to the board of regents by a court pursuant to the requirements
21 of [section two hundred forty-four-c of the domestic relations law or
22 pursuant to] section four hundred fifty-eight-b of the family court act.
23 2. Upon receipt of an order from the court pursuant to one of the
24 foregoing provisions of law, the board of regents, if it finds such
25 person to be so licensed or registered, shall within thirty days of
26 receipt of such order from the court, provide notice to the licensee or
27 registrant of, and cause the regents review committee to initiate, a
28 hearing which shall be held at least twenty days and no more than thirty
29 days after the sending of such notice to the licensee or registrant. The
30 hearing shall be held solely for the purpose of determining whether
31 there exists as of the date of the hearing proof that full payment of
32 all arrears of support established by the order of the court to be due
33 from the licensee or registrant have been paid. Proof of such payment
34 shall be a certified check showing full payment of established arrears
35 or a notice issued by the court or by the support collection unit where
36 the order is payable to the support collection unit designated by the
37 appropriate social services district. Such notice shall state that full
38 payment of all arrears of support established by the order of the court
39 to be due have been paid. The licensee or registrant shall be given full
40 opportunity to present such proof of payment at the hearing in person or
41 by counsel. The only issue to be determined by the regents review
42 committee as a result of the hearing is whether the arrears have been
43 paid. No evidence with respect to the appropriateness of the court order
44 or ability of the respondent party in arrears to comply with such order
45 shall be received or considered by the committee.
46 3. Notwithstanding any inconsistent provision of this article or of
47 any other provision of law to the contrary, the license or registration
48 of a person subject to the provisions of this title and/or subject to
49 the provisions of title two-A of article two of the public health law
50 shall be suspended if, at the hearing provided for by subdivision two of
51 this section, the licensee or registrant fails to present proof of
52 payment as required by such subdivision. Such suspension shall not be
53 lifted unless the court or the support collection unit, where the court
54 order is payable to the support collection unit designated by the appro-
55 priate social services district, issues notice to the regents review
S. 7746 10
1 committee that full payment of all arrears of support established by the
2 order of the court to be due have been paid.
3 4. The board of regents shall inform the court of all actions taken
4 hereunder as required by law.
5 5. This section applies to support obligations paid pursuant to any
6 order of [child support or child and] spousal support issued under
7 provisions of [article three-A or] section two hundred thirty-six or two
8 hundred forty of the domestic relations law, or article four, five or
9 five-A of the family court act.
10 6. Notwithstanding any inconsistent provision of this article or of
11 any other provision of law to the contrary, the provisions of this
12 section shall apply to the exclusion of any other requirements of this
13 article and to the exclusion of any other requirement of law to the
14 contrary.
15 § 8. Section 6509-c of the education law, as added by chapter 398 of
16 the laws of 1997, is amended to read as follows:
17 § 6509-c. Additional definition of professional misconduct; failure
18 to comply in paternity [or child support] proceedings; limited applica-
19 tion. 1. The provisions of this section shall apply in all cases of
20 licensee or registrant failure after receiving appropriate notice, to
21 comply with a summons, subpoena or warrant relating to a paternity [or
22 child support] proceeding referred to the board of regents by a court
23 pursuant to the requirements of [section two hundred forty-four-c of the
24 domestic relations law or pursuant to] section four hundred
25 fifty-eight-b or five hundred forty-eight-b of the family court act.
26 2. Upon receipt of an order from the court pursuant to one of the
27 foregoing provisions of law, the board of regents, if it finds such
28 person to be so licensed or registered, shall within thirty days of
29 receipt of such order from the court, provide notice to the licensee or
30 registrant that [his or her] such licensee or registrant's license or
31 registration shall be suspended in sixty days unless the conditions as
32 set forth in subdivision three of this section are met.
33 3. Notwithstanding any inconsistent provision of this article or of
34 any other provision of law to the contrary, the license or registration
35 of a person subject to the provisions of this title and/or subject to
36 the provisions of title two-A of article two of the public health law
37 shall be suspended unless the court terminates its order to commence
38 suspension proceedings. Such suspension shall not be lifted unless the
39 court issues an order to the board of regents terminating its order to
40 commence suspension proceedings.
41 4. The board of regents shall inform the court of all actions taken
42 hereunder as required by law.
43 5. This section applies to paternity [or child support] proceedings
44 commenced under, and support obligations paid pursuant to any order of
45 [child support or child and] spousal support issued under provisions of
46 section two hundred thirty-six or two hundred forty of the domestic
47 relations law, or article four, five, five-A or five-B of the family
48 court act.
49 6. Notwithstanding any inconsistent provision of this article or of
50 any other provision of law to the contrary, the provisions of this
51 section shall apply to the exclusion of any other requirements of this
52 article and to the exclusion of any other requirement of law to the
53 contrary.
54 § 9. Subdivision 2-a of section 90 of the judiciary law, as amended by
55 chapter 398 of the laws of 1997, is amended to read as follows:
S. 7746 11
1 2-a. a. The provisions of this subdivision shall apply in all cases of
2 an attorney licensed, registered or admitted to practice in this state
3 who has failed after receiving appropriate notice, to comply with a
4 summons, subpoena or warrant relating to a paternity [or child support]
5 proceeding involving [him or her] such attorney personally, or who is in
6 arrears in payment of [child support or combined child and] spousal
7 support which matter shall be referred to the appropriate appellate
8 division by a court pursuant to the requirements of section [two hundred
9 forty-four-c of the domestic relations law or pursuant to section] four
10 hundred fifty-eight-b or five hundred forty-eight-b of the family court
11 act.
12 b. Upon receipt of an order from the court based on arrears in payment
13 of [child support or combined child and] spousal support pursuant to one
14 of the foregoing provisions of law, the appropriate appellate division
15 within thirty days of receipt of such order, if it finds such person to
16 be so licensed, registered or admitted, shall provide notice to such
17 attorney of, and initiate, a hearing which shall be held by it at least
18 twenty days and no more than thirty days after the sending of such
19 notice to the attorney. The hearing shall be held solely for the purpose
20 of determining whether there exists as of the date of the hearing proof
21 that full payment of all arrears of support established by the order of
22 the court to be due from the licensed, registered or admitted attorney
23 have been paid. Proof of such payment shall be a certified check showing
24 full payment of established arrears or a notice issued by the court or
25 the support collection unit where the order is payable to the support
26 collection unit designated by the appropriate social services district.
27 Such notice shall state that full payment of all arrears of support
28 established by the order of the court to be due have been paid. The
29 licensed attorney shall be given full opportunity to present such proof
30 of payment at the hearing in person or by counsel. The only issue to be
31 determined as a result of the hearing is whether the arrears have been
32 paid. No evidence with respect to the appropriateness of the court order
33 or ability of the respondent party in arrears to comply with such order
34 shall be received or considered by the disciplinary committee.
35 c. Upon receipt of an order from the court based on failure to comply
36 with a summons, subpoena, or warrant relating to a paternity [or child
37 support] proceeding, the appropriate appellate division within thirty
38 days of receipt of such order, if it finds such person to be so
39 licensed, registered or admitted, shall provide notice to such attorney
40 that [his or her] such attorney's license shall be suspended within
41 sixty days of such notice to the attorney unless the conditions in para-
42 graph e of this section are met.
43 d. Notwithstanding any inconsistent provision of this section or of
44 any other provision of law to the contrary, the license to practice law
45 in this state of an attorney admitted to practice shall be suspended by
46 the appellate division if, at the hearing provided for by paragraph b of
47 this subdivision, the licensed attorney fails to present proof of
48 payments as required by such subdivision. Such suspension shall not be
49 lifted unless the original court or the support collection unit, where
50 the court order is payable to the support collection unit designated by
51 the appropriate social services district, issues notice to the appellate
52 division that full payment of all arrears of support established by the
53 order of the original court to be due have been paid.
54 e. Notwithstanding any inconsistent provision of this section or of
55 any other provision of law to the contrary, the license of an attorney
56 admitted to practice law in this state shall be suspended by the appel-
S. 7746 12
1 late division, in accordance with paragraph c of this subdivision unless
2 the court terminates its order to commence suspension proceedings. Such
3 suspension shall not be lifted unless the court issues an order to the
4 appellate division terminating its order to commence suspension
5 proceedings.
6 f. The appellate division shall inform the original court of all
7 actions taken hereunder.
8 g. This subdivision [two-a] applies to paternity [and child support]
9 proceedings commenced under, and support obligations paid pursuant to
10 any order of [child support or child and] spousal support issued under
11 provisions of section two hundred thirty-six or two hundred forty of the
12 domestic relations law, or article four, five, five-A or five-B of the
13 family court act.
14 h. Notwithstanding any inconsistent provision of this section or of
15 any other provision of law to the contrary, the provisions of this
16 subdivision [two-a] shall apply to the exclusion of any other require-
17 ments of this section and to the exclusion of any other requirement of
18 law to the contrary.
19 § 10. Subparagraphs (i), (ii), (iii) and (vii) of paragraph (b) of
20 subdivision 1 of section 441-c of the real property law, subparagraph
21 (i) as amended by chapter 529 of the laws of 2022 and subparagraphs
22 (ii), (iii) and (vii) as amended by chapter 398 of the laws of 1997, are
23 amended to read as follows:
24 (i) The provisions of this paragraph shall apply in all cases of
25 licensed broker or licensed salesperson who have failed, after receiving
26 appropriate notice, to comply with a summons, subpoena or warrant relat-
27 ing to a paternity [or child support] proceeding or is in arrears in
28 payment of [child support or combined child and] spousal support
29 referred to the department by a court pursuant to the requirements of
30 section [two hundred forty-four-c of the domestic relations law or
31 pursuant to section] four hundred fifty-eight-b or five hundred forty-
32 eight-b of the family court act.
33 (ii) Upon receipt of an order from the court pursuant to one of the
34 foregoing provisions of law based on arrears in payment of [child
35 support or combined child and] spousal support, the department, if it
36 finds such person to be so licensed, shall within thirty days of receipt
37 of such order from the court, provide notice to the licensee of, and
38 initiate, a hearing which shall be held by it at least twenty days and
39 no more than thirty days after the sending of such notice to the licen-
40 see. The hearing shall be held solely for the purpose of determining
41 whether there exists as of the date of the hearing proof that full
42 payment of all arrears of support established by the order of the court
43 to be due from the licensee have been paid. Proof of such payment shall
44 be a certified check showing full payment of established arrears or a
45 notice issued by the court, or the support collection unit where the
46 order is payable to the support collection unit designated by the appro-
47 priate social services district. Such notice shall state that full
48 payment of all arrears of support established by the order of the court
49 to be due have been paid. The licensee shall be given full opportunity
50 to present such proof of payment from the court or support collection
51 unit at the hearing in person or by counsel. The only issue to be deter-
52 mined by the department as a result of the hearing is whether the
53 arrears have been paid. No evidence with respect to the appropriateness
54 of the court order or ability of the respondent party in arrears to
55 comply with such order shall be received or considered by the depart-
56 ment.
S. 7746 13
1 (iii) Upon receipt of an order from the court based on failure to
2 comply with a summons, subpoena, or warrant relating to a paternity [or
3 child support] proceeding, the department, if it finds such person to be
4 so licensed, shall within thirty days of receipt of such order from the
5 court, provide notice to the licensee that [his or her] such licensee's
6 license shall be suspended within sixty days unless the conditions in
7 subparagraph (v) of this section are met.
8 (vii) This paragraph applies to paternity [and child support]
9 proceedings commenced under, and support obligations paid pursuant to
10 any order of [child support or child and] spousal support issued under
11 provisions of section two hundred thirty-six or two hundred forty of the
12 domestic relations law, or article four, five, five-A or five-B of the
13 family court act.
14 § 11. The section heading and subdivisions (a) and (b) of section
15 244-d of the domestic relations law, the section heading and subdivision
16 (b) as added by chapter 398 of the laws of 1997 and subdivision (a) as
17 amended by chapter 624 of the laws of 2002, are amended to read as
18 follows:
19 [Child support proceedings] Proceedings and enforcement of arrears;
20 suspension of recreational license.
21 (a) In any proceeding for enforcement of a direction or agreement,
22 incorporated in a judgement or order, to pay any sum of money as [child
23 support or combined child and] spousal support, if the court is satis-
24 fied by competent proof that the respondent has accumulated support
25 arrears equivalent to or greater than the amount of support due pursuant
26 to such judgment or order for a period of four months, the court may
27 order any agency responsible for the issuance of a recreational license
28 to suspend or refuse to reissue a license to the respondent, or deny
29 application for such license by the respondent. For purposes of deter-
30 mining whether a respondent has accumulated support arrears equivalent
31 to or greater than the amount of support due for a period of four
32 months, the amount of any retroactive support, other than periodic
33 payments of retroactive support which are past due, shall not be
34 included in the calculation of support arrears pursuant to this section.
35 (b) If the respondent, after receiving appropriate notice, fails to
36 comply with a summons, subpoena, or warrant relating to a paternity [or
37 child support] proceeding, the court may order any agency responsible
38 for the issuance of a recreational license to suspend or to refuse to
39 reissue a license to the respondent or to deny application for such
40 license by the respondent. The court may subsequently order such agency
41 to terminate the adverse action regarding the respondent's license;
42 however, the court shall order the termination of such suspension or
43 other adverse action when the court is satisfied that the respondent has
44 fully complied with the requirements of all summons, subpoenas, and
45 warrants relating to a paternity [or child support] proceeding.
46 § 12. Paragraph 13 of subsection (a) of section 2110 of the insurance
47 law is REPEALED and paragraphs 14, 15, 16 and 17 are renumbered para-
48 graphs 13, 14, 15 and 16, paragraphs 16 and 17 as renumbered by chapter
49 546 of the laws of 2013.
50 § 13. Subdivision (b) of section 458-a of the family court act, as
51 added by chapter 398 of the laws of 1997, is amended to read as follows:
52 (b) If the respondent, after receiving appropriate notice, fails to
53 comply with a summons, subpoena or warrant relating to a paternity [or
54 child support] proceeding, the court may order the department of motor
55 vehicles to suspend the respondent's driving privileges. The court may
56 subsequently order the department of motor vehicles to terminate the
S. 7746 14
1 suspension of the respondent's driving privileges; however, the court
2 shall order the termination of such suspension when the court is satis-
3 fied that the respondent has fully complied with the requirements of all
4 summonses, subpoenas and warrants relating to a paternity [or child
5 support] proceeding. Nothing in this subdivision shall authorize the
6 court to terminate the respondent's suspension of driving privileges
7 except as provided in this subdivision.
8 § 14. The section heading and subdivisions (b) and (c) of section
9 458-b of the family court act, the section heading and subdivision (c)
10 as amended and subdivision (b) as added by chapter 398 of the laws of
11 1997, are amended to read as follows:
12 [Child support proceedings] Proceedings and enforcement of arrears;
13 suspension of state professional, occupational and business licenses.
14 (b) If the respondent after receiving appropriate notice, fails to
15 comply with a summons, subpoena or warrant relating to a paternity [or
16 child support] proceeding, and the court has determined that the
17 respondent is licensed, permitted or registered by or with a board,
18 department, authority or office of this state or one of its political
19 subdivisions or instrumentalities to conduct a trade, business, profes-
20 sion or occupation, the court may order such board, department, authori-
21 ty or office to commence proceedings as required by law regarding the
22 suspension of such license, permit, registration or authority to prac-
23 tice and to inform the court of the actions it has taken pursuant to
24 such proceeding. The court may subsequently order such board, depart-
25 ment, authority or office to terminate the suspension of the respond-
26 ent's license, permit, registration or authority to practice; however,
27 the court shall order the termination of such suspension when the court
28 is satisfied that the respondent has fully complied with the require-
29 ments of all summonses, subpoenas and warrants relating to a paternity
30 [or child support] proceeding.
31 (c) If the court determines that the suspension of the license, permit
32 or registration of the respondent would create an extreme hardship to
33 either the licensee, permittee or registrant or to persons whom [he or
34 she] such licensee, permittee or registrant serves, the court may, in
35 lieu of suspension, suspend the order described in subdivision (a) of
36 this section to the licensing entity for a period not to exceed one
37 year. If on or before the expiration of this period the court has not
38 received competent proof presented at hearing that the respondent is in
39 full compliance with [his or her] such respondent's support obligation
40 and has fully complied with all summons, subpoenas and warrants relating
41 to a paternity [or child support] proceeding, the court shall cause the
42 suspension of the order to be removed and shall further cause such order
43 to be served upon the licensing entity.
44 § 15. The section heading and subdivision (b) of section 458-c of the
45 family court act, as added by chapter 398 of the laws of 1997, are
46 amended to read as follows:
47 [Child support proceedings] Proceedings and enforcement of arrears;
48 suspension of recreational licenses.
49 (b) If the respondent, after receiving appropriate notice, fails to
50 comply with a summons, subpoena, or warrant relating to a paternity [or
51 child support] proceeding, the court may order any agency responsible
52 for the issuance of a recreational license to suspend or to refuse to
53 reissue a license to the respondent or to deny application for such
54 license by the respondent. The court may subsequently order such agency
55 to terminate the adverse action regarding the respondent's license;
56 however, the court shall order the termination of such suspension or
S. 7746 15
1 other adverse action when the court is satisfied that the respondent has
2 fully complied with the requirements of all summons, subpoenas, and
3 warrants relating to a paternity [or child support] proceeding.
4 § 16. Section 548-a of the family court act, as added by chapter 398
5 of the laws of 1997, is amended to read as follows:
6 § 548-a. Paternity [or child support] proceedings; suspension of
7 driving privileges. (a) If the respondent, after receiving appropriate
8 notice, fails to comply with a summons, subpoena or warrant relating to
9 a paternity [or child support] proceeding, the court may order the
10 department of motor vehicles to suspend the respondent's driving privi-
11 leges.
12 (b) The court may subsequently order the department of motor vehicles
13 to terminate the suspension of the respondent's driving privileges;
14 however, the court shall order the termination of such suspension when
15 the court is satisfied that the respondent has fully complied with the
16 requirements of all summonses, subpoenas and warrants relating to a
17 paternity [or child support] proceeding.
18 § 17. Subdivision (f) of section 115 of the family court act, as
19 amended by chapter 398 of the laws of 1997, is amended to read as
20 follows:
21 (f) The family court has jurisdiction to direct the commencement of
22 proceedings to suspend the driving privileges, recreational licenses and
23 permits, and license, permit, registration or authority to practice of
24 persons who are delinquent in their [child or combined child and] spous-
25 al support obligations or persons who have failed, after receiving
26 appropriate notice, to comply with summonses, subpoenas or warrants
27 relating to paternity [and child support] proceedings as set forth in
28 sections four hundred fifty-eight-a, four hundred fifty-eight-b, four
29 hundred fifty-eight-c, five hundred forty-eight-a, five hundred forty-
30 eight-b, and five hundred forty-eight-c of this act. Such jurisdiction
31 shall include jurisdiction over all boards, departments, authorities or
32 offices of the state for the purposes of implementing such section.
33 § 18. Section 548-b of the family court act, as added by chapter 398
34 of the laws of 1997, is amended to read as follows:
35 § 548-b. Paternity [or child support] proceedings; suspension of
36 state professional, occupational and business licenses. (a) If the
37 respondent, after receiving appropriate notice, fails to comply with a
38 summons, subpoena or warrant relating to a paternity [or child support]
39 proceeding, and the court has determined that the respondent is
40 licensed, permitted or registered by or with a board, department,
41 authority or office of this state or one of its political subdivisions
42 or instrumentalities to conduct a trade, business, profession or occupa-
43 tion, the court may order such board, department, authority or office to
44 commence proceedings as required by law regarding the suspension of such
45 license, permit, registration or authority to practice and to inform the
46 court of the actions it has taken pursuant to such proceeding.
47 (b) The court may subsequently order such board, department, authority
48 or office to terminate the suspension of the respondent's license,
49 permit, registration or authority to practice; however, the court shall
50 order the termination of such suspension when the court is satisfied
51 that the respondent has fully complied with all summons, subpoenas and
52 warrants relating to a paternity [or child support] proceeding.
53 § 19. Section 548-c of the family court act, as added by chapter 398
54 of the laws of 1997, is amended to read as follows:
55 § 548-c. Paternity [or child support] proceedings; suspension of
56 recreational licenses. If the respondent, after receiving appropriate
S. 7746 16
1 notice, fails to comply with a summons, subpoena, or warrant relating to
2 a paternity [or child support] proceeding, the court may order any agen-
3 cy responsible for the issuance of a recreational license to suspend or
4 to refuse to reissue a license to the respondent or to deny application
5 for such license by the respondent. The court may subsequently order
6 such agency to terminate the adverse action regarding the respondent's
7 license; however, the court shall order the termination of such suspen-
8 sion or other adverse action when the court is satisfied that the
9 respondent has fully complied with the requirements of all summons,
10 subpoenas, and warrants relating to a paternity [or child support]
11 proceeding.
12 § 20. This act shall take effect immediately; provided, however, that
13 the amendments to subdivision 4-e of section 510 of the vehicle and
14 traffic law made by section two of this act shall not affect the repeal
15 of such subdivision and shall be deemed repealed therewith; provided,
16 further that the amendments to subdivision 12 of section 111-b of the
17 social services law made by section three of this act shall not affect
18 the repeal of such subdivision and shall be deemed repealed therewith.
