Report on proposed OCA legislation which would permit a court to order the conditional restoration of a driver’s license for a payor who is in violation of a support order

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SUMMARY

The Matrimonial Law Committee (Jenifer Foley, Chair) provided comments on legislation proposed in the Report of the Family Court Advisory and Rules Committee to the Chief Administrative Judge of the Courts of the State of New York, dated January 2016, which would amend FCA § 458-a and DRL § 244-b (OCA 81).  The proposed amendments would permit a court to order the conditional restoration of a driver’s license for a payor who is in violation of a support order. The problem sought to be addressed by this proposal – that the loss of driving privileges prevents support payors from working and thus from being able to pay support – is already adequately provided for by VTL § 530, which empowers the Department of Motor Vehicles to issue restricted licenses valid only for driving to and from work. If the problem is that the conditions on restricted licenses under VTL § 530 do not allow support payors to find and maintain work, then DMV can change its policies or its regulations (15 NYCRR part 135). The Committee argues that OCA’s proposed legislation goes far beyond what is needed to address the problem, because it would allow delinquent payors to drive for any reason whatsoever.