Suspending DL

JCGreene85

Has anyone been through a case where EXs drivers license was suspended for not paying support? He's 4 months behind in child support and he hasn't been paying his 1/2 of medical on time, or the back support that's supposed to be paid to me on the 15th. It's so annoying that he can still afford flights up here and numerous birthday presents for DS. 

Hes had 4 months to find a job and he's being so lazy about it. I think a suspension might be the wake up call he needs. My lawyer is filing for contempt for not following the court order but we've given him a warning first to see if he starts to follow the co. 

achase123

Yah, but I didn't have to push for it, they just did it.  As far as I know he still hasn't gotten it back yet, either.  They have to make some effort towards their arrears balance as well as making a current payment, according to CA laws I believe.

crystalt426

If you suspend his DL how will he get to work? It's much harder to get a job with out a DL. Then he can't pay you because he can't get a job. With out a DL he can't deliver or drive any company vehicles so that rules out many jobs. Plus if he has to pay for bus fare or pay people to take him, that's less money he will have to give to you. Not to mention it will limit the hours he can work if he must always have a ride or bus. I think it's a bad idea all around. My SS's mother is about a year behind in child support. She also doesn't see him or send him any thing for holidays or birthdays. I would be happy if she would just send him presents so he doesn't feel forgotten. Even an email or letter would be nice at this point. 

JCGreene85

crystalt426:

If you suspend his DL how will he get to work? It's much harder to get a job with out a DL. Then he can't pay you because he can't get a job. With out a DL he can't deliver or drive any company vehicles so that rules out many jobs. Plus if he has to pay for bus fare or pay people to take him, that's less money he will have to give to you. Not to mention it will limit the hours he can work if he must always have a ride or bus. I think it's a bad idea all around. My SS's mother is about a year behind in child support. She also doesn't see him or send him any thing for holidays or birthdays. I would be happy if she would just send him presents so he doesn't feel forgotten. Even an email or letter would be nice at this point. 

 I think it's BS to say that if  he doesn't have a license he cant find work. Half of my team at work takes public transportation. The buses run from 6am to 11 pm. He's been lazy about finding a job. I think it'll give him the motivation he needs because if he doesn't have a license he cant come here for visitation to see his son. If he does get here, he has to have someone chauffeur him around.

PrettyInPearls23

In my state (Michigan), if the non-custodial parent is ordered to attend a contempt hearing, it states right on the Order if they fail to appear their license is automatically suspended. Or, if they can't pay their arrears in full at the the hearing their license is also suspended.

cmanmom

Yup, mine does it automatically.  I had nothing to do with it (either time!  UGH)

In WA, first comes license suspension (which extends to things like fishing/hunting, passport renewal, and any license required for work ie. nursing license etc)  then you go to court for contempt hearings and THERE is where you get the bench warrant if you don't show.

Unfortunately, the bench warrant simply "expires" if you just stay under the radar for a year.  Blech!

JCGreene85

If they do it automatically how will I know if his is suspended? I wont let Wy into the car if he doesn't have a license but im sure he wont offer the information..

peeps61308

While having his license suspended will be another obstacle he has to overcome as a result of not finding a job or paying his ordered expenses, it will NOT stop him from driving. As far as how you will know, unless the CS workers tell you that it has been suspended, you will not know. Chances are he will continue to drive around and just take the chance that he doesnt get caught (or if he does that he just gets a ticket and not arrested.)

cmanmom

JCGreene85:

If they do it automatically how will I know if his is suspended? I wont let Wy into the car if he doesn't have a license but im sure he wont offer the information..

 

Ah, this is the problem.  You can know(ish) by asking your support officer when he/she put the papers through.  This will tell you when it is in process but NOT when the DOL actually tags it onto his license.  Depending on your state and IF you know his license number (there is a formula to figure it out if you have enough information - google it!) you might be able to find out.  Here in WA it's right on the DOL homepage

He will know because CS people will have exhausted a list of things to contact him to arrange for payment (here, this includes sending a certified letter to the house) and notify him of the suspension.  No way does he not know unless he tossed the letter without reading it and deleted all the messages without listening to them, and in my opinion if that is the case - then too bad so sad he didn't know it LOL.

BMenz

Here in MN if they're even making an attempt at paying support (even if it's not the full amount or even on time) the judge won't accept a contempt of court action, let alone take the time to review it. 

Also here in MN, if the non-custodial parent is receiving any sort of public assistance they cannot take any licenses away (DL, hunting/fishing or work licenses - in BD's case, his nursing/LPN/CNA licences that he has/will be obtaining) - so even though he's almost 9k in arrears, they won't do anything about it, and I can't do anything to change it. 

CPA04

peeps61308:

While having his license suspended will be another obstacle he has to overcome as a result of not finding a job or paying his ordered expenses, it will NOT stop him from driving. As far as how you will know, unless the CS workers tell you that it has been suspended, you will not know. Chances are he will continue to drive around and just take the chance that he doesnt get caught (or if he does that he just gets a ticket and not arrested.)

Agree with peeps.  In the past decade, XH has had a valid drivers' license for maybe 2 or 3 years total.  Most recently, he hasn't had one since 2008 and isn't supposed to until 2016 - doesn't stop him one bit from driving.  I don't allow DS to leave with him unless he has his taxi driver (his GF) driving, but I have no way of knowing whether they drive down the street and he jumps into the drivers seat.  He does have a work permit, which allows him to drive to and from work, which in his mind, is everywhere in the U S of A. 

The DOT is pretty private with information so it is hard to get stuff like that out of them.  You should think about putting something in your final decree about LO only being transported by a licensed driver and having the right to ask for evidence at any point.  But also remember, even if he can produce a drivers license from his wallet, it doesn't mean it's valid.

hollyg1920

crystalt426:

If you suspend his DL how will he get to work? It's much harder to get a job with out a DL. Then he can't pay you because he can't get a job. With out a DL he can't deliver or drive any company vehicles so that rules out many jobs. Plus if he has to pay for bus fare or pay people to take him, that's less money he will have to give to you. Not to mention it will limit the hours he can work if he must always have a ride or bus. I think it's a bad idea all around. My SS's mother is about a year behind in child support. She also doesn't see him or send him any thing for holidays or birthdays. I would be happy if she would just send him presents so he doesn't feel forgotten. Even an email or letter would be nice at this point. 

Many states have found the DL suspension program to be successful.  If the person doesn't pay their child support and their DL is suspended they can request to go before the judge and ask for a permit that will allow them to drive to work, medical appts, or to seek employment. 

I am in support of anything that might get deadbeats to pay....suspend their DL, jail....but then I have an ex who is $18,500 behind in CS