LAW AND THE FAMILY
Failure to Pay Support and the Suspension of Licenses
By Joel R. Brandes and Carole L. Weidman
The New York Law Journal
June 25, 1996
I
N THE QUEST TO SECURE the rights of those entitled to support,
provisions were enacted last year authorizing suspension of a person's driving privileges
and State-issued professional and business licenses, when someone is four months or more
in arrears in the payment of child support or combined child and spousal support. An
endless stream of amendments were made.1
DRL §244-b
In any proceeding for the enforcement of a direction or agreement that is
incorporated in a judgment or order to pay any sum of money as child support or combined
child and spousal support, Domestic Relations Law §244-b permits the court, to suspend
driver's privileges, 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. Retroactive support is not included in the calculation of
arrears.
To avoid a heavy-handed approach, the section eliminated its application to respondents
who receive public assistance or supplemental security income; or whose income, as defined
by DRL §240 (1-b)(b)(5), falls below the self-support reserve, as defined by DRL §240
(1-b)(b)(6); or whose income, as defined by DRL §240 (1-b)(b)(5), remaining after the
payment of the current support obligation would fall below the self-support reserve as
defined by DRL §240 (1-b)(b)(6).
The procedure relative to the suspension of drivers' licenses is set forth in Social
Services Law §111-b and Vehicle and Traffic Law §§510 (4-e), 511 (7), 530 (5), 530
(5-a).
The Family Court Act was amended to add §458-a, which is nearly identical to DRL
§240-b, and applicable in Family Court enforcement proceedings.2
Subdivision (f) of §115 of the FCA was added, expanding the jurisdiction of Family Court.
It is now authorized to direct the commencement of proceedings to suspend the driving
privileges and license, permit or registration of persons who are delinquent in their
child or combined child and spousal support obligations as set forth in FCA §§458(a) and
458(b).3
FCA §454, subdivision 2, which lists the powers of the court to punish a respondent
for failure to obey a lawful order of support was amended to add subdivision (e). That
authorizes the court, on the violation of a support order, to suspend the respondent's
driving privileges pursuant to FCA §458 (a).4
DRL 244-c relates to a respondent licensed, permitted or registered by or with a board,
department, authority or office of New York State to conduct a trade, business, profession
or occupation who is involved in a proceeding specified above for DRL §244-b. Similarly,
the court may order the appropriate authority to commence proceedings regarding the
suspension of such license, permit, registration or authority to practice and to inform
the court of the action it has taken, if the respondent has accumulated support arrears
equivalent to or greater than the amount of current support due for four months.
Retroactive support is not included in the calculation of arrears. The section, similarly,
does not apply to such respondents as were specifically eliminated under DRL §244-b.
The FCA was amended to add §458-b, which is nearly identical to DRL §244-c and
applicable in Family Court enforcement proceedings.5 FCA §115 was
amended, to add subdivision (f), to likewise expand Family Courts jurisdiction to
authorize suspension of a license, permit, registration or authority to practice of
persons who are delinquent in their child or combined child and spousal support
obligations pursuant to FCA §§458(a) and 458(b).6 Section 454, new
subdivision (f) authorizes the court to suspend the respondent's state professional or
business license pursuant to FCA §458(b).7
Attorney's License
Troubled by trends of increasing numbers of delinquent lawyers, the legislation
authorizes suspension of an attorney's license to practice law. The procedure relative to
the suspension of an attorney's license to practice law is set forth in new subdivision
2-a of §90 of the Judiciary Law.8 Judiciary Law §90 (a) provides
that subdivision 2-a shall apply in all cases of an attorney licensed, registered or
admitted to practice in this state who is in arrears in payment of child support or
combined child and spousal support, whose matter shall be referred to the Appellate
Division by a court pursuant to the requirements of DRL §244-c or FCA §458-b.9
Upon receipt of an order from the court, pursuant to DRL §244-c or FCA §458-b, the
Appellate Division must, within 30 days of receipt of the order, if the person is
licensed, registered or admitted as an attorney, provide notice to the attorney of, and
initiate, a hearing.
The hearing must be held by it, at least 20 days and no more than 30 days, after the
notice is sent to the attorney. The hearing must be held solely to determine whether there
exists, as of the date of the hearing, proof that full payment of all arrears of support
established by the order of the court to be due from the attorney have been paid. Proof of
payment must be a certified check showing full payment of established arrears or a notice
issued by the court or the support collection unit, where the order is payable to the
support collection unit.
The notice must state that full payment of all arrears of support established by the
order of the court to be due have been paid. The attorney must be given a full opportunity
to present proof of payment at the hearing, in person or by counsel. The only issue to be
determined as a result of the hearing is whether the arrears have been paid. No evidence
with respect to the appropriateness of the support order or ability of the respondent
party in arrears to comply with the order may be received or considered by the
disciplinary committee.10
The license to practice law must be suspended by the Appellate Division if, at the
hearing, the attorney fails topresent the required proof of payment. The suspension will
not be lifted unless the original court or the support collection unit, where the support
order is payable to the support collection unit, issues a notice to the Appellate Division
that full payment of all arrears of support established by the order of the original court
to be due have been paid.11
Subdivision 2-a applies to support obligations paid pursuant to any order of child
support or child and spousal support issued under provisions of Article 3-A or DRL §§236
or 240, or FCA Article 4, 5 or 5-A.
Professional Licenses
Suspension does not end with an attorney's license. Most other state professional
and business licenses can also be suspended in accordance with the procedures set forth in
new Education Law §6509-b.12 It applies in all cases of licensee or
registrant arrears in payment of child support or combined child and spousal support that
are referred to the Board of Regents by a court, pursuant to DRL §244-c or FCA §458-b.13
Within 30 days of receipt of an order from the court under DRL §244-c or FCA §458-b,
the Board of Regents must provide notice to the licensee or registrant of, and cause the
regents review committee to initiate, a hearing. The hearing must be held at least 20 days
and no more than 30 days after the sending of the notice.
The hearing must be held solely to determine whether there exists, as of the date of
the hearing, proof that full payment of all arrears of support established by the order of
the court to be due have been paid. Proof of the payment must be a certified check showing
full payment of established arrears or a notice issued by the court or by the support
collection unit where the order is payable to the support collection unit. The notice must
state that full payment of all arrears of support established by the order of the court to
be due have been paid.
The licensee or registrant must be given full opportunity to present proof of payment
at the hearing in person or by counsel. The only issue to be determined by the regents
review committee as a result of the hearing is whether the arrears have been paid. No
evidence with respect to the appropriateness of the support order or ability of the
respondent party in arrears to comply with the order may be received or considered by the
committee.14
The license or registration of a person subject to the provisions of the Education Law
and/or subject to the provisions of Title 2-A of Article 2 of the Public Health Law must
be suspended if, at the hearing, the licensee or registrant fails to present the required
proof of payment. The suspension may not be lifted unless the court or the support
collection unit, where the support order is payable to the support collection unit, issues
notice to the regents review committee that full payment of all arrears of support
established by the order of the court to be due have been paid.15
Section 6509-b applies to support obligations paid pursuant to any order of child
support or child and spousal support issued under provisions of Article 3-A or DRL §§236
or 240, or FCA Article 4, 5 or 5A.16
Other Suspensions
The procedure relative to the suspension of real estate licenses is set forth in
Real Property Law §441-c. The procedure relative to liquor licenses and permits is set
forth in Alcoholic Beverage Control Law §119(4). The procedure relative to required
disclosures in license applications appears in newly enacted General Obligations Law
§3-503.
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Notes
(1) The Legislature added §§244-b and 244-c to the Domestic Relations
Law; added §§458-a and 458-b to the Family Court Act; amended §§115 and 454 of the
Family Court Act; added §6509-b to the Education Law; added §2-a to §90 of the
Judiciary Law; amended SSL §111-b; added Vehicle and Traffic Law §§510 (4-e), 511 (7),
530 (5), 530 (5-a); added Real Property Law §441-c; added Alcoholic Beverage Control Law
§119(4) and added General Obligations Law §3-503.
(2) Laws of 1995, Ch 81, §231.
(3) Laws of 1995, Ch 81, §200.
(4) Laws of 1995, Ch 81, §230.
(5) Laws of 1995, Ch 81, §232.
(6) Laws of 1995, Ch 81, §200.
(7) Laws of 1995, Ch 81, §230.
(8) Laws of 1995, Ch 81, §222.
(9) Jud L.§90 2-a. a.
(10) Jud L.§90 2-a. b.
(11) Jud L.§90 2-a. d.
(12) Laws of 1995, Ch 81, §219.
(13) Educ L. §6509-b. 1.
(14) Educ L. §6509-b. 2.
(15) Educ L. §6509-b. 3.
(16) Educ L. §6509-b. 5.
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Joel R. Brandes and Carole L. Weidman have law offices in New
York City and Garden City. They co-authored, with the late Doris Jonas Freed and Henry H.
Foster, Law and the Family New York, and co-authored Law and the Family New
York Forms, both published by Lawyers Cooperative Publishing.
