Legal Question in Family Law in New York
I am divorced.my ex husband is in contempt by not following any court orders and refuses to pay my alimony order.can his drivers license be revoked with no children involved?
1 Answer from Attorneys
No. NY DRL � 244-b sets forth the following:
"a) In any proceeding for the enforcement of a direction or agreement, incorporated in a judgment or order, to pay any sum of money as child support or combined child and spousal support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the amount of support due pursuant to such judgment or order for a period of four months, the court may order the department of motor vehicles to suspend the respondent's driving privileges, and if such order issues, the respondent may apply to the department of motor vehicles for a restricted use license pursuant to section five hundred thirty of the vehicle and traffic law."
Since you had no children with your ex, you cannot revoke his driver's license. However, you my be able to hold him in contempt under NY DRL 245. However, before you do this you must exhaust all other means to enforce the judgment.
Mike.