If I Miss my Child Support, Can the State Suspend My Driver’s License?
One question we get a lot is “can child support suspend your license in another state?” The driver’s license of an obligor could be revoked if they have pending child support payments for more than 90 days. The license suspension is not automatic and the obligor has different methods to avoid suspension. However, if the non-payment of child support continues, then the obligor’s chances of avoiding a license suspension considerably dwindle.
When is the Driver’s License Suspended?
Under the Family Financial Responsibility Act, or the 1996 “Deadbeats Don’t Drive Act,” the state of Illinois can suspend an obligor’s driver’s license as a penalty if he/she is 90 days behind in child support payment. There are different methods to avoid or delay a suspension, but you will need to speak to an experienced child support attorney to get started.
A Court Order for Suspension
If an obligor is 90 days behind in payment, the case could be presented in court where the judge will review the case. Once the judge rules the driving privileges of the parent must be revoked for failure to pay child support, the circuit court is instructed to notify the Secretary of State’s office. In the next step, the Record of Non-payment of Child support is finalized.
The court will certify the order and forward it for further processing – eventually taking away all the obligor’s driving privileges until all child support payments are met. You can discuss your case with a competent child support attorney and find out a way to prevent getting your driver’s license suspended. However, the delinquent parent can request a Family Financial Responsibility Driving license, which allows driving for work or a medical emergency.
Reinstate Driving Privileges
It is possible to reinstate your driver’s license in Illinois by participating in a hearing arranged by a Secretary of State hearing officer. To request a hearing, the obligor is required to participate in a Secretary of State consultation where your eligibility will be determined. You will have to prove you have paid all the pending and recent child support dues. If you have paid and present all necessary paperwork, it will pave your way towards getting back your driver’s license. However, you will be required to provide proof of insurance and pay a $70 fee to restore driving privileges.
If you wish to learn more about child support and other family law issues, or want to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-380-3771 to speak with an experienced child support attorney.