Can Another State Suspend Your Driver’s License For Non-Payment Of Child Support?
If you fail to pay child support in one state but move to another state, the latter can suspend your driver’s license in some circumstances. If that happens, defaulters can take some steps and legal options to get their license back, but it will have to be accompanied by pending support payments. Contact a Schaumburg child support attorney today if you think your partner has fled to another state to avoid those payments.
What Can Happen If You Fail To Pay Child Support?
Besides losing your license, you can get arrested for falling behind on child support payments in Illinois. If you move to another state, it may enforce the same ruling that your originating state did.
If you got a driving license in your existing state, it could be suspended if the originating state reaches out to the authorities. However, if you never had a license in the originating state and only got one in the existing one, you may be able to keep your license. If you hold licenses in both states, it may be suspended since states recognize reciprocal suspensions.
You will be notified when your current state suspends your license. So yes, just because you are in a different state doesn’t mean you are safe from your child support obligations.
The Deadbeats Don’t Drive law
Also known as the Family Financial Responsibility Act, the Deadbeats Don’t Drive law allows courts in Illinois, and the Secretary of State’s office to take swift action against parents who fail to pay child support for three months. Besides getting arrested, they may lose their driver’s license.
There are two systems in place for license suspension for those who owe child support:
System 1 – Court Ordered License Suspension
If a judge determines a parent is three months behind child support payment, a circuit court can invoke their verdict. When this happens, the court notifies the office of the Secretary of State, which then ensures the pending suspension is loaded onto the driving record.
The office contacts the driver and lets them know that their license will be suspended in 60 days. However, suppose the court is told that the parent has made the payments. In that case, it will submit the Compliance of Family Financial Responsibility Law to the office of the Secretary of State.
The parent can also ask for an administrative hearing with the office during the 60 days they are told their license will be suspended. If they lose their license, it will remain out of their reach till the office receives a notification from the court that they have fulfilled their parental obligations. If they do, they may get a driving permit that allows them to travel to work, or for medical purposes, etc.
Besides child support defaulters, the court can also suspend the license of a parent who abuses their children during visitations. This is done through a Visitation Order Violation form filled out and submitted by the court to the Secretary of State’s office.
System 2 – DHFS Ordered License Suspension
The Illinois Department of Healthcare and Family Services (DHFS) can also intervene to suspend the driving privileges of defaulters by notifying the Secretary of State’s office. The criterion for suspension is the same as System 1. The only way a defaulter can avoid license suspension is by notifying the DHFS with proof that they have met their parental obligations or made arrangements to do so.
Once that is done, the DHFS can notify the Secretary of State’s office to give the parent a driving permit which they can use to commute to work, to the hospital, etc.
How to Reinstate a Suspended Driving License
If your license was suspended because you defaulted on your child support obligation, you need to take part in a formal hearing with a hearing officer from the Secretary of State. During the hearing, you have to prove that you are in good standing with the state with paid obligations and are ready to get your license back. The hearing officer will base their decision on your answers and the proof you provide.
You will need to participate in a consultation at the Secretary of State’s office, where your eligibility for a license will be judged. If you have not taken care of child support payment dues, this includes an informal hearing. You will get a Notice of Hearing with the date it is scheduled to take place. Once it is done, you will get their decision by mail within 90 days.
If your driving privileges are reinstated, your job isn’t over. You will then need to provide insurance proof and pay a $70 fee to get your license reinstated formally.
Applying for a Restricted Driving Permit
If your driving license has been revoked because you failed to pay child support, you can get a driving permit with some restrictions. This license will only allow you to drive at certain times of the day in certain areas for specific reasons only. If you are stopped by traffic police when you have broken those rules, your license can be suspended permanently.
To get the approval of the driving permit, you must prove to the court that you will face hardship without your driving privileges. You also have to show that you are working to correct the issue. For child support, this may include proof of job or application status.
Contrary to popular belief, you cannot get your driving license back until you meet your child support obligations. This includes pending payments and ensuring you meet all healthcare obligations. If not, you will have no choice but to use a restricted permit which can seriously compromise your quality of life and even impede your chances of getting gainful employment for child support payments.
To get this permit, you need to fulfill these requirements:
- Prove that you are not a danger to the public.
- Prove that you face hardship without driving privileges.
- Prove that you are under medical evaluation and undergoing treatment.
- Pay the filing fee.
What Happens If You Default On Child Support for Three Months
As per the Illinois child support law, each parent has a legal duty to support their children. That means they have a moral and legal duty to ensure their children’s necessary mental, physical, and emotional needs are fulfilled to the best of their abilities. That is why in most cases, child support is paid to the parent where the children spend most of their time.
If a parent fails to pay child support for more than three months, besides getting their driving license revoked, the state can also take the following actions:
- Wage garnishments.
- Seizure of bank accounts and tax refunds.
- Suspension of recreational licenses such as fishing and hunting.
- Holding the parent in contempt of court can lead to a jail sentence till the pending child support is paid off.
Ensuring you can pay child support for as long as needed should be your priority, but you can ask your attorney for advice if you are unable to.
Contact The Law Office Of Fedor Kozlov For A Legal Consultation Today!
When you are going through a divorce, you need every help you can get to ensure you get out the other side with your mental health intact. This is where the attorneys at the Law Office of Fedor Kozlov can prove invaluable. As experts in family law and child support cases, in particular, our Schaumburg child support attorneys can help you overcome legal challenges and also pursue a defaulting partner.
We understand that both partners face a slew of complicated issues and how difficult it is to make long-term decisions when your children’s happiness is on the line. Childcare and child support go hand in hand, but the lines can get blurred when feuding parents are involved. We can cut through the arguments and help you come to decisions that can be in the best interest of your family.
We aim to find solutions to ensure a better future for everyone involved besides safeguarding our client’s rights. We are more than proficient in the intricacies of Illinois’s family laws, so no case is too complex for us to handle. This includes contested divorces in which both parties are at odds and cannot come to amicable agreements.
We also recommend mediation as an alternative to divorce litigation. During mediation, both spouses come together out of court and try to reach a resolution in the presence of an experienced attorney, aka mediator. In this case, the attorney will act as a neutral party to ensure the fairest outcome possible for both parties involved.
We are not afraid to go to court for you if your spouse proves difficult, or if their lawyers are being aggressive. We thrive in that environment and will ensure your best interests are protected. Get in touch with us for a free consultation today by dialing (847) 241-1299. All of our meetings are strictly confidential, rest assured your privacy will be protected during all of them. Get in touch with us today.