How much back child support before license suspended
New York Driver's License Suspension Due to Failure to Pay Child Support
It would be quite shocking to be stopped by the police, and instead of the officer simply issuing you a ticket for speeding, running a red light, or for some other traffic violation, the officer informs you that your license has been suspended. Of course, you are already annoyed that you may be facing a ticket with a high fine for the traffic violation. Now you are frustrated because you will be facing an even higher fine for driving on a suspended license, you are no longer permitted to drive, and your insurance rates are sure to increase. Having a suspended license may impact your ability to get to work, to take your kids to school, to run errands, and to generally get things done. In New York there are many reasons that a driver’s license can be suspended, including driving while under the influence of drugs or alcohol, driving without insurance, reckless driving, and multiple speeding tickets. What might be surprising to some is that in New York, under New York Vehicle and Traffic Law (VTL) § 510, your driving privileges can be suspended for something that has nothing at all to do with driving. They can be suspended as a strategy to enforce child support collection. Not only can your driver’s license be suspended, but other licenses as well such as business licenses, professional licenses, occupational licenses, and recreational licenses. If you have been notified that your driver’s license is about to be suspended or has already been suspended because you are behind on your child support payments, contact an experienced New York driver’s license suspension lawyer at the Law Offices of Stephen Bilkis & Associates. We can help you get your driving privileges restored.
Suspension of Driving Privileges and Child Support Arrearage
Under the law, N.Y. Dom. Rel. Law § 13-244-B, Family Court has the authority to direct the New York Department of Motor Vehicles (DMV) to suspend the driver’s license due to failure to pay children support. Driving privileges will not be suspended as soon as a driver is a day late, or even a month late.
The court can suspend driving privileges only if an individual is 4 months or more behind in child support. However, the DMV does notify drivers whose licenses are at risk of suspension, giving the person 45 days to catch up, enter a payment arrangement, or request a case review.
Risks Associated with Driving on a Suspended License
If your driving privileges have been suspended because you are behind with your child support payments, you may be tempted to continue to drive anyway. However, you cannot drive legally if your license has been suspended. The risk is significant. If you are caught, you could be thrown in jail, your license could be revoked, and you could be required to pay fines of up to $5,000. This is a major risk to take. A better strategy is to contact a New York driver’s license suspension lawyer who can help you get your license reinstated.
Options
If your driver’s license has been suspended for getting behind in your child support payments, you have options for getting back on the road.
For example, you can challenge the suspension. There are several bases for a challenge, such as you are not at least four months behind in your child support payments or that your level of income falls below the threshold for driver’s license suspension due to child support arrears.
Of course, the quickest way to get your license reinstated is to catch up with your payments. This is not always possible. You may be thousands of dollars behind, and not have the means to pay it all right away. However, without a driver’s license you are at risk of losing your job. Sadly, the law that allows driving privileges to be suspended due to getting behind in child support is problematic. While it is important for parents to keep up with their child support payments and the State of New York needs effective ways to enforce child support orders, many parents need driver’s licenses to get to work as well as to do their jobs. If driving privileges are suspended, it is not only the regular operator license that is impacted, but also commercial driver’s licenses as well.
How are you to catch up with payments in order to get your license reinstated, if you do not have a way to get to work or if you are not able to do your job?
If you do not have the money to catch up on your back child support, you have the option of applying for a restricted license as described in VTL §530. With a restricted license you are permitted to drive only for very specific purposes such as going to work, going to school, going to medical appointments, or taking your child to school. That is it. Many find these limitations to be unacceptably stringent. As an experienced driver’s license suspension lawyer in New York will explain, another option is to pay less than the full arrearage. In some cases, the court may authorize a driver’s license to be reinstated upon payment of a portion of the delinquent child support payments.
Contact the Law Offices of Stephen Bilkis & Associates
If your driving privileges have been suspended because you are behind in your child support payments, there are options for getting your license reinstated and getting you back on the road, even if you do not have the means to pay the entire amount of your child support arrearage.
Contact an experienced driver’s license suspension lawyer serving New York at the Law Offices of Stephen Bilkis & Associates. With over two decades of experience representing clients in cases related to traffic violations, child support enforcement, and family law, we can help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Bronx, Nassau County, Suffolk County, Brooklyn, Long Island, Manhattan, Staten Island, and Westchester County.
Driver’s License Reinstatement | Division of Child Support Services
DCSS Customer Service
The Georgia Division of Child Support Services (DCSS) has made revisions to the driver’s license process as a result of an amendment to GA Law, O.C.G.A. §19-11.9.3(o). The law states that DCSS will inform delinquent noncustodial parents (NCPs) of resources that are available to them as potential alternatives to driver’s license suspension.
These License suspension options are available to any NCP who notifies DCSS about significant changes in their employment and income. They must provide verification of a new job, the loss of a job or any change in income. It is very important for the NCP to contact DCSS as soon as possible so that they will have an opportunity to explain their circumstances. They will also be encouraged to sign an Enforcement Deferral which will help them to avoid license suspension if they pay as agreed.
What is our Goal?
To reduce the number of payers whose cases are certified for license suspension and to provide the parent with Outreach services as an alternative to license suspension.
One change that DCSS made to achieve this goal and to help reduce the number of cases certified for license suspension was extending the time frame for parents who are out of compliance with a child support order from 60 to 90 calendar days. This will allow NCPs on newly established cases more time to remain compliant and to avoid license suspension.
To achieve this goal, it is critical for the NCP to notify DCSS if they become unemployed or have a reduction in income. If they do, alternate payment arrangements can be made to prevent license suspension, if they pay as agreed.
GA Driver’s License Suspension Criteria and Process
Account balances on all NCP active cases must be equal to or greater than the total monthly child support due for the previous three (3) months (90 calendar days). Additionally, the total payments for the last 105 days must be less than three (3) times the total of all monthly, weekly, bi-weekly or semi-monthly support amounts due on all active NCP cases.
The time-frame for parents who are out of compliance with a child support order has been extended from 60 to 90 calendar days. That will give a parent more time to come back into compliance when they become unemployed or underemployed.
Some parents may be eligible to enroll in the Fatherhood Program as an alternative to administrative license suspension. When that happens, DCSS will also review the case to determine if the case qualifies for a review and modification of the support order.
License Suspension Release Options:
If your license is suspended or you received a Notice of Intent to Deny or Suspend, you may contact DCSS to select the most appropriate option and sign and Enforcement Deferral to have your license suspension released or avoid suspension. Other options include:
- Payment of the full Past Due balance on all cases that meet the criteria for suspension
- Payment of 20% of the total past due balance on all cases that meet the criteria for license suspension
- Payment of three (3) times the current support and past due payments on all active cases that meet the criteria for suspension
- Payment of a judicial or administrative court ordered purge payment or arrears payment
- Verification of noncustodial parent's newly employed status
- Enrollment in and successful completion of the Fatherhood Program
- Social Security Benefits approval letter
- Medical verification of an inability to work
DCSS Mobile App QR Code
The GA DCSS On the Go app provides easy and secure access to your child support account on the go.
Driver’s license release options are available on the app.
Download on the App Store
Download on Google Play
Driver's License Reinstatement - Georgia Department of Driver Services
Driver's License Reinstatement- DDS
Article 31.7. Procedure for suspension, renewal, termination of a license and cancellation of a license \ ConsultantPlus
Article 31.7. Procedure for suspension, renewal, termination of a license and cancellation of a license
(introduced by Federal Law No. 142-FZ of 14.06.2011)
The licensing authority, within its competence, issues an order to the licensee to eliminate the identified violation or on the inadmissibility of committing a violation in the event of:
1) detection by authorized state bodies of a violation related to non-compliance with the requirements of this Law, the requirements of other regulatory legal acts directly related to the implementation of television broadcasting, radio broadcasting;
2) detection by the licensing body of a violation by the licensee of license requirements;
3) failure of the licensee to carry out television broadcasting, radio broadcasting for more than three months.
When issuing such an order, the licensing authority warns the licensee to suspend the license if the licensee fails to comply with such order within the prescribed period. nine0003
An order indicating the grounds for issuing the order and the period necessary for the licensee to eliminate the violation and which is at least three days, but not more than three months, is communicated in writing by the licensing authority to the licensee within two working days from the date of its issuance. The term for elimination of the identified violation is calculated from the day the licensee receives the order from the licensing authority to eliminate the identified violation.
The licensing authority suspends the license for a period not exceeding three months if the licensee fails to comply with the licensing authority's order to eliminate the identified violation within the prescribed period or if the licensing authority detects a gross violation of license requirements. The decision to suspend the license, indicating the grounds for its adoption and the term for suspending the license, is communicated in writing by the licensing authority to the licensee within two working days from the date of adoption of this decision.
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Within the period established for the elimination of the identified violation, or within the period of suspension of the license, the licensee is obliged to notify the licensing authority in writing about the elimination of the violation that led to the issuance of such an order or the decision to suspend the license, with documents and materials confirming elimination of the identified violation.
If during the period of suspension of the license the licensee has not eliminated the violation that led to the suspension of the license, the licensing authority applies to the court with an application to cancel the license. nine0003
If the licensee eliminates the violation that led to the suspension of the license, the licensing authority is obliged to decide on the renewal of its validity.
The license is not renewed for the duration of its suspension.
The license is canceled by a court decision on the basis of consideration of the application of the licensing authority to cancel the license in the following cases:
Federation of Mass Media; nine0003
2) repeated within one year (from the date of the previous violation) gross violation by the licensee of license requirements;
3) failure by the licensee to eliminate, within the term established by the licensing authority, the violation that resulted in the suspension of the license.
The license is terminated in the following cases:
1) provided for by Federal Law No. 99-FZ of May 4, 2011 "On Licensing Certain Types of Activities";
2) expiration of the license; nine0003
3) submission in writing to the licensing authority of the application of the founder of the mass media on the termination of the activity of the mass media, provided for by the license, in accordance with Article 16 of this Law;
(as amended by Federal Law No. 478-FZ of December 27, 2019)
(see the text in the previous edition)
Law; nine0003
(as amended by Federal Law No. 478-FZ of December 27, 2019)
(see the text in the previous edition)
(Clause 5 was introduced by Federal Law No. 277-FZ of July 14, 2022)
Arrests and penalties — SberBank
How to monitor the status of a writ of execution after filing with Sberbank?
Status tracking methods for those whose debtor is a legal entity or individual entrepreneur:
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Sberbank website,
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call 0321, ext.
950, 8-800-555-57-77 ext. 950, 8-495-66-55-777, ext. 950 (toll free), -
notifications to the phone number from your application.
Tracking methods for those whose debtor is an individual:
Collectors who filed a writ of execution with the FSSP, and not directly with Sberbank, can receive a certificate by calling the bailiff service 8-800-250-39-32 (toll-free).
How to start the recovery process?
Debt collection is handled by the Federal Bailiff Service (FSSP). You can apply there with a writ of execution - it gives the right to execute a decision of a court or other body to collect a debt. The FSSP will initiate enforcement proceedings and, if necessary, contact the bank.
If your debtor is a client of Sberbank, you can contact the bank directly, bypassing the FSSP. You can submit a writ of execution at any office of the bank, but we recommend that you contact the centers for receiving documents with the original writ of execution, passport and application according to the model:
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from a legal entity or individual entrepreneur,
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from an individual.
The claimant's representative can submit the application. Then you will also need a power of attorney certified by a notary. If the claimant is a legal entity, the head of the organization can certify the power of attorney.
How to revoke a writ of execution?
Bring to the Document Collection Center or any nearest bank office an application for revocation of the document. You need to take your passport with you. After checking the application, which takes up to seven business days, the bank will send the original of the executive document to the postal address indicated in the application. nine0063
Why can't I check the status of the executive document on the bank's website?
Is it possible to provide a copy of the executive document to Sberbank?
What to do if the bank refuses to fulfill the requirements?
How long does it take to collect a debt?
Why was the document executed, but the money was not credited to the account?
How to make sure that the debtor has an account with Sberbank?
What happens if there is not enough money in the debtor's account?
How to find out how much money was transferred under an executive document?
How should the Labor Dispute Commission Certificate be drawn up?
Why can't I check the status of the executive document on the bank's website?
Why can't I check the status of the executive document on the bank's website?
The reasons may be:
- you entered the document number incorrectly,
- one business day has not passed since the filing of the writ of execution,
- The last time the document status changed was more than 4 months ago — old documents are not stored in the database.
Is it possible to provide a copy of the executive document to Sberbank?
No, Sberbank only accepts originals of executive documents. The same rule applies to other banks. Therefore, you will not be able to contact several banks at the same time on your own.
When a writ of execution is provided to the bailiffs, the recovery will be made in all banks in which the debtor has accounts, until the requirements are fully met. nine0003
What to do if the bank refuses to fulfill the requirements?
The bank may refuse to fulfill the requirements if there is something wrong with the documents - for example, the application does not contain details or they are incorrect. In this case, you can correct the errors and submit the set of documents again.
The reason for refusal may also be that the debtor does not have an account with Sberbank. Then you should contact another bank or bailiff service.
You can find out the exact reason for the refusal on the bank's website in the service for checking a writ of execution, for this, in addition to the document number, you must enter the account number of the claimant in the search bar or from the cover letter that the bank will send along with the original document of execution.
How long does it take to collect a debt?
According to the law, the bank must immediately fulfill the demand and notify the claimant of this within three days. However, the bank has the right to delay execution for seven days in order to check the documents provided by the claimant or his representative. At the time of verification, the amount to be recovered is blocked on the accounts of the debtor. nine0003
Why was the document executed, but the money was not credited to the account?
Money does not always appear in the account immediately - it can take up to seven business days. If the money does not arrive for longer, you may have entered incorrect details on the application. Contact the Document Reception Center with a passport and an application that will contain the correct details.
How to make sure that the debtor has an account with Sberbank?
You can contact the bailiff. In addition, if you have a writ of execution in your hands, you can write a request to the tax service and find out if the debtor has any property, including money in bank accounts.
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What happens if there is not enough money in the debtor's account?
The bank will transfer only the available amount to you - and continue the collection when the debtor's account is replenished. If several claims are made against the debtor, they will be written off in order of priority. For example, first of all, alimony is collected and damage to life or health is compensated. The collection will continue until you receive the full amount due.
How to find out how much money was transferred under an executive document? nine0003
The amount can be found on the Sberbank website.
- Page for those whose debtor is a legal entity or individual entrepreneur.
- Page for those whose debtor is an individual.
You can also contact your bank.
How should the Labor Dispute Commission Certificate be drawn up?
Upon presentation of the Labor Dispute Commission Certificate, it is necessary to take into account the requirements of the legislation on enforcement proceedings and the Labor Code of the Russian Federation, namely:
The certificate must contain the dates of issue of the document, entry into force, decision by the commission, its number, address of the commission.
The certificate of the labor dispute commission must be signed by an official of this commission (for example, the chairman or his deputy) and certified by the seal of the labor dispute commission (Article 13 of the Law on Enforcement Proceedings, Article 384 of the Labor Code of the Russian Federation).
Labor dispute commission certificates can be presented to the Bank within 3 months from the date of their issue. A certificate is issued within one month from the day the decision was made by the labor dispute commission, provided that such a decision was not executed voluntarily within three days after the expiration of ten days provided for its appeal. nine0003
The Bank has the right to refuse to execute a labor dispute committee certificate issued and/or presented in violation of the requirements of the law
What is the collection and seizure of money on the account?
Collection is the withdrawal of money from the account without the permission of its owner.
Arrest - prohibition of debit transactions on the account. When arrested, the money remains with the owner of the account, but it cannot be used. What are the grounds for arrest or collection? nine0062
The bank collects money or terminates operations on the account when it receives the enforcement document. It gives the right to execute a decision of a court or other body on arrest or recovery.
Most often, the basis for arrest or recovery is the decision of the bailiff. Often the basis is also an executive document that comes to the bank from the recoverer - an individual or legal entity. It is also possible to arrest and recover by order of the preliminary investigation bodies and on the basis of other documents. nine0063
What if I do not agree with the arrest?
To challenge, cancel or revoke a writ of execution, you must contact the initiator (the recoverer, the court, the FSSP) and provide supporting documents.
The recoverer or the judicial authority withdraws the writ of execution, the bailiff sends the decision to cancel to the bank.
The bank cannot unilaterally cancel the arrest or stop the recovery, this is stated in 229-FZ.
How to avoid arrests and penalties? nine0062
Pay taxes and fines on time, do not delay payments on loans, loans - in general, do not allow debts. If you make a payment after a court decision to seize or collect, notify him and provide supporting documents.
Where can I see that there are account limits?
In what order is money debited from the debtor's account?
What should I do if the money has been collected even though the debt has been paid?
How is the arrest removed? nine0003
Where can I see that there are account limits?
First of all, you need to find out the details. Sberbank Business Online will help with this.
On the main page and in section Invoices and payments next to the account there will be a note about restrictions.
Click it.
In the window that opens, click . You will see information about the executive document received by the bank, as well as about who imposed the restrictions.
This information can be used to find out details. For example, if you see that the decision was made by the arbitration court, you can find the details in the filing cabinet. And if you read that the document came from the bailiff service, contact its database. nine0003
How is money debited from the debtor's account?
If there is not enough money on the account to pay all the requirements, the debits will be processed in the order of priority.
- First of all, money is distributed for compensation for harm to life and health, as well as for alimony.
- Secondly, money is written off on executive documents related to severance pay, salaries and remuneration of authors of the results of intellectual activity. nine0070
- In the third place - according to payment documents for salaries and for transfers to the budget.
- Fourth queue - for payment of documents involving the fulfillment of other financial requirements.
- Finally, the fifth is needed for financial transactions with other payment documents.
More details about each queue are in the text of the law. Within each queue, the write-off is made in the order of the calendar order of receipt of documents.
What should I do if the money has been collected even though the debt has been paid? nine0003
Contact the authority that issued the writ of execution. You can find out which body it was in Sberbank Business Online on the page of the account from which the money was debited. When contacting the authority, you will need to provide proof of payment.
How is the arrest removed?
The arrest will be removed if the writ of execution is revoked. To influence this, contact the person who sent the writ of execution to the bank or made the decision to arrest. The procedure and set of documents that you will need may be different in each case.
The bank cannot influence the decision on the arrest and its removal. nine0003
What is account suspension?
By law, the tax office may decide to suspend operations on the account of a legal entity or an individual entrepreneur. If such a decision is received by the bank, it is obliged to execute it.
Suspension means that the bank stops debit transactions on the account - in full or within the amount indicated by the tax service.
A suspension decision is made if you have unfulfilled obligations to the tax service. For example, if you did not submit a declaration on time or did not pay taxes, penalties or fines. nine0063
To unblock an account, you need to pay off the debt or submit the necessary reports to the tax office. The decision to cancel the blocking is made by the tax authority no later than the next working day after the submission of reports.
If you have a personal account of a taxpayer - a legal entity or an individual entrepreneur, through it you can send an appeal to cancel the suspension of operations on accounts and attach payment orders that confirm the payment of the debt.
