When a New York couple divorces, there are many legal issues that must be dealt with. Once the case is concluded and there are children from the relationship, it is likely that the noncustodial parent will be ordered to pay child support to the custodial parent. This is not a penalty, but it is a requirement so the child will be adequately cared for and the custodial parent has the means to provide that care. However, there are situations in which the supporting parent does not make the payments in full or does not make them at all.
Falling behind on child support creates a situation where the parent is in arrears and can cause problems in his or her life. The state will issue various penalties to compel the parent to pay. One is to suspend the driver license. Knowing when this will be done and what to do about it is critical to a case. When the past due support payments have accrued to an amount that is equal to or greater than the amount due for four months, the court can suspend the driver license. The person whose license is suspended can ask that there be a restricted license so he or she can drive at certain times. Once the amount due is paid or partially paid with a plan to pay the arrears, the court can order the suspension be terminated.
If the supporting parent does not comply with a notice linked to child support, the driver license can be suspended for that too. Once the order – a summons, warrant or subpoena – has been complied with, the driver license suspension can be lifted.
Since having driving privileges suspended can make a person’s life difficult and, in many cases, complicate their attempts to earn money, it is important that a supporting parent do whatever he or she can to avoid this penalty. The custodial parent sometimes needs assistance with the threat of a license suspension useful toward getting the supporting parent to pay. In either case, it is wise to have legal advice on how to move forward with collecting child support from a lawyer who has helped many clients with divorce and other family law matters.