Driver's license suspended over child support!

Driver's license suspended over child support! (Full Version)

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defiantbadgirl -> Driver's license suspended over child support! (11/8/2013 9:22:22 PM)
Our ex roommate and good friend just received a letter saying his driver's license has been suspended over child support. He is not a deadbeat dad that refuses to pay. His child support payments are deducted from his paychecks (like auto bill pay) and have been for years. A short time before he moved out, he broke his foot. He ended up needing surgery, had to use crutches, and was off work for a couple of months. He went back to work as soon as his doctor said he could and his paychecks resumed along with his child support payments. Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this?

JeffBC -> RE: Driver's license suspended over child support! (11/8/2013 9:27:23 PM)
quote: ORIGINAL: defiantbadgirl Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this? Uh, if he is behind on his payments then he is a "deadbeat dad". I'd suggest he get caught up on his payments and not fall behind again.

SeekingTrinity -> RE: Driver's license suspended over child support! (11/8/2013 9:40:27 PM)
~FRing it~ States don't play anymore when it comes to absent parents not paying support. All parents, not just the guys (and ladies) who owe massive amounts. It's the massive deadbeats that have made it this way. License suspensions are a standard go-to. I've heard of parents who don't pay support as ordered being arrested for being in arrears. What can he do about it? Get caught up on what is back owed and stay current. That's going to be the only way short of approaching child support enforcement about it is going to be the only way to get the State off his back.

defiantbadgirl -> RE: Driver's license suspended over child support! (11/8/2013 9:40:35 PM)
quote: ORIGINAL: JeffBC quote: ORIGINAL: defiantbadgirl Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this? Uh, if he is behind on his payments then he is a "deadbeat dad". I'd suggest he get caught up on his payments and not fall behind again. Perhaps you misunderstood. His payments were made on a regular basis before he broke his foot and the payments have been received on a regular basis ever since he returned to work. Deadbeats are parents who refuse to pay child support, not someone who pays on a regular basis like he does. He broke his foot. He had to have surgery. He was on crutches. We were at the hospital when he had the surgery. We saw the crutches. We were there. He's not lying. If he needed to catch up, why wasn't the state taking more out of his check to get it caught up? It's not his fault he broke his foot. He needs his driver's license back and breaking his foot one time in all the years he's been paying child support does not make him a deadbeat.

SeekingTrinity -> RE: Driver's license suspended over child support! (11/8/2013 9:43:58 PM)
He is getting the letter because he owes back support for the time when he didn't pay while he was out of work. He's in default for the missing amount and it's automatic that it eventually catches up with him. Especially if the mother is on any sort of state assistance (including health care for the kid). They just can't go "well, guy X never pays his support. But guy Y just got behind. Let's crucify X, but spare Y." It's equal across the board, so Y gets snared just as hard as X. He should go to whoever is handling his case and see what, if anything, can be done.

EdBowie -> RE: Driver's license suspended over child support! (11/8/2013 9:51:37 PM)
Usually the amount is set under a maximum percentage cap. As others keep pointing out, 'behind' is behind, and too many thousands of parents have played too many cute little games for the states to just sit around and wait until it is convenient to send money for the kids' support. quote: ORIGINAL: defiantbadgirl quote: ORIGINAL: JeffBC quote: ORIGINAL: defiantbadgirl Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this? Uh, if he is behind on his payments then he is a "deadbeat dad". I'd suggest he get caught up on his payments and not fall behind again. Perhaps you misunderstood. His payments were made on a regular basis before he broke his foot and the payments have been received on a regular basis ever since he returned to work. Deadbeats are parents who refuse to pay child support, not someone who pays on a regular basis like he does. He broke his foot. He had to have surgery. He was on crutches. We were at the hospital when he had the surgery. We saw the crutches. We were there. He's not lying. If he needed to catch up, why wasn't the state taking more out of his check to get it caught up? It's not his fault he broke his foot. He needs his driver's license back and breaking his foot one time in all the years he's been paying child support does not make him a deadbeat.

defiantbadgirl -> RE: Driver's license suspended over child support! (11/8/2013 9:55:30 PM)
quote: ORIGINAL: SeekingTrinity ~FRing it~ States don't play anymore when it comes to absent parents not paying support. All parents, not just the guys (and ladies) who owe massive amounts. It's the massive deadbeats that have made it this way. License suspensions are a standard go-to. I've heard of parents who don't pay support as ordered being arrested for being in arrears. What can he do about it? Get caught up on what is back owed and stay current. That's going to be the only way short of approaching child support enforcement about it is going to be the only way to get the State off his back. I can't figure out why the state hasn't been taking more out of his check to catch up on it. The purpose of it being set up that way was so he didn't have to worry about it.

SeekingTrinity -> RE: Driver's license suspended over child support! (11/8/2013 10:03:49 PM)
It's a court ordered thing. They can't just decide to start taking more from him on a whim. It's all part of the support order, which he violated by going into default. Not a willing choice and not something he did on purpose, but once the state stopped getting the money...it started accumulating. So when he went back to work, he was getting the current taken out per the court order. But that doesn't touch the default amount, which is what is getting him now. Take my child's father, for example. The order was established when my child was already almost 2 years old. It took them that long to find and serve him. Court ordered amount was $163 per month plus $100 per month for the back ordered amount from birth to the establishment of the order. Two separate amounts as part of the one child support order. Your roommate was ordered to pay X dollars, which he did until he broke his foot. So the default started. Once he went back to work, the state picked up where they left off. But that default wasn't accounted for. I'm sure he knew this, so he should have been checking himself to find out how the missing payments were going to affect him. And it may take awhile, but the State always generally catches up. Which is what they are doing now. He needs to talk to them and see what to do.

Spiritedsub2 -> RE: Driver's license suspended over child support! (11/8/2013 10:15:25 PM)
If he owes past-due child support, the system will eventually catch up with him and suspend his driver's license, even though he resumed making payments. He needs to pay his current monthly support payments on time, and he needs to enter an agreement with the enforcing agency for an additional monthly payment to repay the back child support ("arrearages"). Part of that agreement can include the conditional release of his driver's license. Edit: when a life circumstance (such as breaking a foot) happens, a child support payor cannot simply unilaterally stop paying without consequence (like license suspension). He needed to apply for a modification. Children don't suspend their need for food and shelter because their parent breaks a foot. Did your "non-deadbeat" friend stop eating himself when he stopped paying his child support? Did he stop living inside shelter, or stop wearing clothes, when he stopped paying his child support?

EdBowie -> RE: Driver's license suspended over child support! (11/8/2013 10:47:40 PM)
It was just explained to you, and you 'can't figure it out'? And the notion that it was set up that way for his convenience pretty much confirms... He's a deadbeat Dad, non-payment, lame excuses, thinking it's for his convenience, and all. quote: ORIGINAL: defiantbadgirl quote: ORIGINAL: SeekingTrinity ~FRing it~ States don't play anymore when it comes to absent parents not paying support. All parents, not just the guys (and ladies) who owe massive amounts. It's the massive deadbeats that have made it this way. License suspensions are a standard go-to. I've heard of parents who don't pay support as ordered being arrested for being in arrears. What can he do about it? Get caught up on what is back owed and stay current. That's going to be the only way short of approaching child support enforcement about it is going to be the only way to get the State off his back. I can't figure out why the state hasn't been taking more out of his check to catch up on it. The purpose of it being set up that way was so he didn't have to worry about it.

LadyPact -> RE: Driver's license suspended over child support! (11/9/2013 12:03:03 AM)
OP, I don't think you understand how a garnishment works. A garnishment is for a specific percentage or flat amount to be taken out of a person's paycheck to cover whatever amount the employee owes to whomever that amount is being paid. That percentage or flat amount is not adjustable by whoever is doing payroll at your friend's place of employment. It's not their responsibility to make adjustments to cover periods of non-employment. They don't have the arbitrary power to say 'dude broke his foot, so we're going to raise the amount deducted to cover it.' That's illegal. Your friend knew he wasn't working the two months that his foot was broken so the child support wasn't being paid. Your friend can't possibly be stupid enough to think that the kid stopped eating, needing clean clothes, and a roof overhead. Your friend certainly didn't stop having expenses those two months, did he? Now, a year and a half later because he didn't step up to the plate to cover the amount that he didn't pay in child support while he was convalescing, he got his license suspended? Good. That's exactly what the state should do when a non-custodial parent chooses to just 'skip' making restitution for missed child support payments. Out of curiosity, you mentioned this was an ex-roommate. Did you let him skip rent those two months and never pay it up for the time period when his foot was broken?

xxblushesxx -> RE: Driver's license suspended over child support! (11/9/2013 6:21:15 AM)
quote: ORIGINAL: defiantbadgirl quote: ORIGINAL: JeffBC quote: ORIGINAL: defiantbadgirl Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this? Uh, if he is behind on his payments then he is a "deadbeat dad". I'd suggest he get caught up on his payments and not fall behind again. Perhaps you misunderstood. His payments were made on a regular basis before he broke his foot and the payments have been received on a regular basis ever since he returned to work. Deadbeats are parents who refuse to pay child support, not someone who pays on a regular basis like he does. He broke his foot. He had to have surgery. He was on crutches. We were at the hospital when he had the surgery. We saw the crutches. We were there. He's not lying. If he needed to catch up, why wasn't the state taking more out of his check to get it caught up? It's not his fault he broke his foot. He needs his driver's license back and breaking his foot one time in all the years he's been paying child support does not make him a deadbeat. The problem is, children still have to eat, have a home with electricity, running water, etc. even after a broken foot. He needs to borrow the money and then repay it. He may not feel he should have to pay the money right away because of his broken foot, but the bills for the childrens' care do not stop just because he has a problem.

TheHeretic -> RE: Driver's license suspended over child support! (11/9/2013 6:27:41 AM)
quote: ORIGINAL: defiantbadgirl What can he do about this? Obey the big government that is here to help him... If he has back payments due, and no history of being in arrears, he should be able to set up a payment plan to get caught up, and, once he has a letter establishing that and pays the extra DMV fees, get his license back. Having government in the middle of a family thing makes the world a better place, doesn't it?

mnottertail -> RE: Driver's license suspended over child support! (11/9/2013 6:27:46 AM)
You have to file a motion to reinstate his drivers license, there is a state government website in your area to get the forms to fill out. You also need a motion to modify, and some other stuff, It is real simple just a lot of repetitive paperwork. What the result will be is a promise to pay the back child support, say at another 20% plus what he pays now, so if he pays $1000, then it will be 1200, with 200 going to pay back arrears. Its pretty simple, I have done it, you dont need lawyers. Just have some facts and some evidence, once you sign the agreement the judge will reinstate immediately. And you won't get much hassle from welfare, they just want a written agreement to get their money.

kalikshama -> RE: Driver's license suspended over child support! (11/9/2013 6:37:39 AM)
The minute your friend was unable to work he should have gone to court and had his amount reduced. He created his situation by not doing this. My ex roommate and my current neighbor both found themselves in similar situations. The ex roommate did not bother to inform the court that he had become unemployed and once his arrears got to a certain amount, they attached his bank accounts. And made him unable to renew his driver's license. Since he depended on that for finding and keeping work, he finally talked to them and worked it out. I saw the letters my neighbor received. DOR reaches out frequently, and is VERY CLEAR about the consequences of non-payment, and that the person needs to talk to them. My neighbor would not have taken DOR seriously had they not have the power to suspend his license and had it not been due to expire last April. He's now figured out a way to make his payments. I'll eat my hat if the letter your friend just received was his first indicator that this was going to happen. Payroll deduction is not the only option. My neighbor makes payments directly to DOR. Once he went back to work, your friend could have handled the arrears by making additional payments. I imagine he could have also gone to court to ask that his deductions be increased until he was caught up. Your friend is not a victim here. He made his bed, and now he is lying in it.

UllrsIshtar -> RE: Driver's license suspended over child support! (11/9/2013 6:42:43 AM)
quote: ORIGINAL: defiantbadgirl quote: ORIGINAL: JeffBC quote: ORIGINAL: defiantbadgirl Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this? Uh, if he is behind on his payments then he is a "deadbeat dad". I'd suggest he get caught up on his payments and not fall behind again. Perhaps you misunderstood. His payments were made on a regular basis before he broke his foot and the payments have been received on a regular basis ever since he returned to work. Deadbeats are parents who refuse to pay child support, not someone who pays on a regular basis like he does. He broke his foot. He had to have surgery. He was on crutches. We were at the hospital when he had the surgery. We saw the crutches. We were there. He's not lying. If he needed to catch up, why wasn't the state taking more out of his check to get it caught up? It's not his fault he broke his foot. He needs his driver's license back and breaking his foot one time in all the years he's been paying child support does not make him a deadbeat. He's not entitled to decide that his kids shouldn't be fed and clothed just because he broke his foot. Nor is he entitled to decide that his ex should pay everything for the kids just because he's unable to work for a while. He owes her the full amount, every month, regardless of circumstances, even for the months he broke his foot. He can't just stop paying because he's not getting paid. That's being a deatbeat dad, even if he paid in full before and afterwards. He should have file a temporary modification due to hardship with the courts the second he was unable to work, but seeing that he didn't, he owes his ex every penny he didn't pay for those months, and they will not reinstate his license until he's caught up.

kalikshama -> RE: Driver's license suspended over child support! (11/9/2013 6:42:49 AM)
DBG - before he broke his foot, was your roommate ever late for the rent or struggle to pay his rent? Ever complain about debt?

defiantbadgirl -> RE: Driver's license suspended over child support! (11/9/2013 7:00:45 AM)
quote: ORIGINAL: SeekingTrinity It's a court ordered thing. They can't just decide to start taking more from him on a whim. It's all part of the support order, which he violated by going into default. Not a willing choice and not something he did on purpose, but once the state stopped getting the money...it started accumulating. So when he went back to work, he was getting the current taken out per the court order. But that doesn't touch the default amount, which is what is getting him now. Take my child's father, for example. The order was established when my child was already almost 2 years old. It took them that long to find and serve him. Court ordered amount was $163 per month plus $100 per month for the back ordered amount from birth to the establishment of the order. Two separate amounts as part of the one child support order. Your roommate was ordered to pay X dollars, which he did until he broke his foot. So the default started. Once he went back to work, the state picked up where they left off. But that default wasn't accounted for. I'm sure he knew this, so he should have been checking himself to find out how the missing payments were going to affect him. And it may take awhile, but the State always generally catches up. Which is what they are doing now. He needs to talk to them and see what to do. Oh okay. I've never paid child support so I know nothing about it. I do know that there are many people out there who deliberately avoid paying child support. They either work for cash or change jobs when child support enforcement finds them and starts garnishing their checks. He has never done that. His broken foot did not take away his child's need, but it was not in any way his fault. Considering his past and current compliance and the fact that he wasn't to blame for breaking his foot, suspending his driver's license was a very shitty thing for them to do. The whole point of the driver's license suspension for child support is supposed to be to punish those who deliberately avoid paying. He must've thought they would automatically take more out or add two months on to the length of time he pays child support (paying for 2 additional months after children turn 18).

MAINEiacMISTRESS -> RE: Driver's license suspended over child support! (11/9/2013 7:04:16 AM)
This reminds Me of what a friend went through (from the other side of the situation). His mother and father divorced when he was a toddler, and over the years his father was a pretty slippery guy who was constantly slacking off on his child support payments (apparently this was before they started penalizing deadbeat dads with threats of seizure etc). Well, years later and still behind on the child support his father died, listing My friend as his heir. The thing is, when you inherit you also inherit DEBTS...and since his father was years behind in making his child support payments to the state, the state came after My friend to pay off the debt----he told Me he had to pay the state something like $5,000 for what his own father owed for child support that was intended for HIM!

torsionman -> RE: Driver's license suspended over child support! (11/9/2013 7:08:41 AM)
I did the same thing (went to court to reduce my payments after losing income). The system doesn't care if you have the income or not. All they want is to make sure the child/children are "PAID" for. If they reduce or stop payments and it's found that you have income or valued property that could be sold to pay child support, THEY(the court) can be sued by the custodial parent/guardian and you would most likely go to jail AND the payments would still be accrued against you, worst case. I asked for a reduced amount and was flatly refused. I still had to pay even though I had no money AND even after I took custody of my child... I still had to pay!!! Learn how the system works, unfortunately for the one paying, sometimes the system victimizes them AFTER THE FACT. The ONLY way the support payments are stopped is with a judge's issued court order. This can take many visits in front of the judge before it's PROVEN that you don't owe anymore. It's expensive, time consuming and very, very frustrating especially so if the court is in another jurisdiction than where you live. Do the best you can to keep your legal (and honest) position known to all even after the court decison goes your way. If you do get sick,hurt or disabled, notify the court ASAP!!! When something is judged against you, it never goes away...ever!! You are always known as "deadbeat", "criminal" and undesirable in the eyes of the system. I have custody now and I'm still getting account notifications for child support. I have to send them a copy of the support payment release court order now. I feel immense pain for anyone unjustly victimized by the system when it isn't up to date!

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