Can Florida Suspend My Driver’s License For Not Paying Child Support?
There are a number of measures that the state of Florida can take against an individual who fails to pay child support. These include having your wages garnished, your income withheld, having your tax returns taken, or having your bank accounts levied. In addition to these financial actions, Florida can also suspend your driver’s license.
Florida law and license suspension for failure to pay child support
Florida Statutes Section 322.245 discusses when a license can be suspended for failure to pay child support. For a non-commercial driver, the license suspension can begin 15 days after the child support is due. A license can also be suspended when the individual fails to comply with a subpoena or appear in court when ordered to.
When the court issues an order to suspend the non-paying individual’s child support, the individual has three options. They can:
- Pay the amount owed in full
- Agree to pay the delinquency in installments
- Contest the suspension
How to clear a license suspension after failure to pay child support
If your license was suspended for failing to pay child support, you can have your attorney assist you with filing a motion to contest the driver’s license suspension. You may be able to pay some of the child support that you owe and enter into a payment plan to pay the delinquency. The court is usually open to allowing these types of agreements. Florida will give you up to 20 days after the suspension has been ordered to file a motion to contest the suspension. If you fail to respond to the edict within 20 days, you will have to stop the suspension after it has taken place. Once you clear the suspension with the Florida Department of Revenue, you can later get your license reinstated.
Generally speaking, a license suspension is an action of last resort meant to pressure a non-paying parent into providing money for their children. Florida doesn’t necessarily want to suspend a driver’s license due to the fact that it could imperil their work prospects. It is much more likely to issue a financial sanction against the individual who fails to pay. If you allow your license to be suspended, you will have to pay a $60 fee to get it reinstated. This benefits neither you nor your children.
Neither will the DMV grant a hardship license if you are delinquent on child support payments. Even those who are fighting DUIs are allowed to have a hardship license. But those who are delinquent in child support payments cannot apply for a hardship license.
Talk to a Tampa, FL Family Lawyer Today
The family law attorneys at Faulkner Law Group, PLLC represent the interests of those who are paying child support and may be delinquent in their payments. Contact the Tampa, FL divorce attorneys at Faulkner Law Group, PLLC today to schedule an appointment, and we can discuss how best to resolve these important issues.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.245.html
