N.Y. FCT Law § 458-A

§ 458-a. Enforcement of arrears; Suspension of driving privileges.\n(a) If the respondent has accumulated support arrears equivalent to or\ngreater than the amount of support due pursuant to court order for a\nperiod of four months, the court may order the department of motor\nvehicles to suspend the respondent's driving privileges, and if such\norder issues, the respondent may apply to the department of motor\nvehicles for a restricted use license pursuant to section five hundred\nthirty of the vehicle and traffic law. The court may at any time upon\npayment of arrears or partial payment of arrears by the respondent order\nthe department of motor vehicles to terminate the suspension of\nrespondent's driving privileges. For purposes of determining whether a\nsupport obligor has accumulated support arrears equivalent to or greater\nthan the amount of support due for a period of four months, the amount\nof any retroactive support, other than periodic payments of retroactive\nsupport which are past due, shall not be included in the calculation of\nsupport arrears pursuant to this section.\n (b) If the respondent, after receiving appropriate notice, fails to\ncomply with a summons, subpoena or warrant relating to a paternity or\nchild support proceeding, the court may order the department of motor\nvehicles to suspend the respondent's driving privileges. The court may\nsubsequently order the department of motor vehicles to terminate the\nsuspension of the respondent's driving privileges; however, the court\nshall order the termination of such suspension when the court is\nsatisfied that the respondent has fully complied with the requirements\nof all summonses, subpoenas and warrants relating to a paternity or\nchild support proceeding. Nothing in this subdivision shall authorize\nthe court to terminate the respondent's suspension of driving privileges\nexcept as provided in this subdivision.\n (c) The provisions of subdivision (a) of this section shall not apply\nto:\n (i) respondents who are receiving public assistance or supplemental\nsecurity income; or\n (ii) respondents whose income as defined by subparagraph five of\nparagraph (b) of subdivision one of section four hundred thirteen of\nthis act falls below the self-support reserve as defined by subparagraph\nsix of paragraph (b) of subdivision one of section four hundred thirteen\nof this act; or\n (iii) respondents whose income as defined by subparagraph five of\nparagraph (b) of subdivision one of section four hundred thirteen of\nthis act remaining after the payment of the current support obligation\nwould fall below the self-support reserve as defined by subparagraph six\nof paragraph (b) of subdivision one of section four hundred thirteen of\nthis act.\n (d) The court's discretionary decision not to suspend driving\nprivileges shall not have any res judicata effect or preclude any other\nagency with statutory authority to direct the department of motor\nvehicles to suspend driving privileges.\n