Family Court Act, Article 4, Support Proceedings Part 5, § 458-C: Child Support Proceedings and Enforcement of Arrears; Suspension of Recreational Licenses

If you are seeking child support from your child's non-custodial parent, you must petition Family Court for a support order. The process starts with you, as the petitioner, submitting a child support petition seeking an order requiring the non-custodial parent, the respondent, to pay child support. Once you submit your petition and serve a summons to the respondent, a hearing will be held. If at the conclusion of the hearing the court signs an order requiring the respondent to pay child support, the respondent must do so. If the respondent fails to make payments as required by the order, the respondent will be in violation of the court order. Violating a court order to pay child support is quite serious. There are several steps that the court has the authority to take to enforce the support order, including suspending recreational licenses. According to Family Court Act, Article 4, § 458-C, if a respondent is 4 months or more behind in child support payments, the court has the options of suspending the respondent's recreational licenses. Examples of New York recreational licenses include fishing, hunting and trapping licenses. However, according to the statute, this provision does not apply to those are receiving supplemental security income.

Willie Turner's hunting and fishing licenses was suspended based on a finding by the Support Magistrate that he willfully violated an order of support by failing to pay support as ordered. Even though Turner argued that he did not have the means to pay support the Court noted that where a support order is in place there is a presumption that the respondent has sufficient means to pay the support. However, Turner was receiving Supplemental Security Income. Thus, even though Turner was in arrears in paying child support, the statute that permits the suspending of recreational licenses exempts recipients of Supplemental Security Income. Comm'r of Soc. Servs. ex rel. Foster v. Turner, 99 A.D.3d 1244 (N.Y. App. Div., 2012)

1. Powers of the court on violation of a support order: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 454
2. Probation: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 456
3. Order of sequestration on failure to obey support order: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 457
4. Enforcement of arrears; suspension of driving privileges: New York Family Court Act, Article 4, Support Proceedings, Part 5, § 458-A

1. 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 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 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 §.
2. 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 reissue 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; however, 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.
3. The provisions of subdivision (a) of this § shall not apply to:
   1. respondents who are receiving public assistance or supplemental security income; or
   2. respondents whose income as defined by subparagraph five of paragraph (b) of subdivision one of § four hundred thirteen of this act falls below the self-support reserve as defined by subparagraph six of paragraph (b) of subdivision one of § four hundred thirteen of this article; or
   3. respondents whose income as defined by subparagraph five of paragraph (b) of subdivision one of § four hundred thirteen 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 of § four hundred thirteen of this article.

The consequences of failing to pay child support are serious. If you get behind on your child support payments you risk losing your driving privileges, having your property seized, or being arrested. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court in matters related to child support enforcement, child support reduction, and other types of issues related to support. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your child support case. We serve those involved in child support matters in the following locations: