How to get your license back after child support

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

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.

Procedure for deprivation of rights for debts on alimony

Contents

Arguments in favor of the new law
Vehicles that are prohibited from driving
Conditions that allow depriving the debtor of the right to drive
Persons not subject to deprivation of a driver's license 9005 Procedure 9005 carrying out the procedure for deprivation of rights
- If there is an agreement
- If there is a writ of execution
- Decision on deprivation of rights
- Transfer of a driver's license
- Administrative liability for non-compliance with regulations
Restoration of a driver's license

2016. Its essence is to restrict the right to drive persons who have debts for:

maintenance payments;
penalties for the crime committed; nine0006
compensation for the harm caused.

Bank loan and utility bills were not included in the list. The restriction consists in the temporary withdrawal of a driver's license by bailiffs, traffic police officers and other officials. This measure is intended to induce the debtor to repay debts. The law applies not only to individuals, but also to individual entrepreneurs. The changes affected by it concern:

st. 64, 67.1 Federal Law No. 229 "On Enforcement Proceedings" dated October 2, 2007 ;
Art. 12.7 , 17.14 Administrative Code .

Arguments in favor of the new law

Did you know

Alimony can be filed not only after a divorce, but also while in an officially registered marriage. To do this, certain conditions must be met - the presence of a common minor child (children), the inability of one of the parents to independently financially provide for themselves or children, and more. Read more in this article

In Russia, before the introduction of Federal Law No. 340 , drivers could lose their license only for non-compliance with traffic rules. However, the restriction of a driver's license for non-payment of alimony is widely used in some developed countries: the USA, Canada, Great Britain, Finland, Poland, Israel and others. Its effectiveness has been proven by a significant reduction in maintenance debts. This was the reason for the adoption of such a law in the Russian Federation, the discussion of which began quite a long time ago. nine0003

The expected effectiveness of the new law is all the more high because about a third of the debtors, which is 450,000 people, have a driver's license. (according to Rosstat). An indirect confirmation of its effectiveness is the practical application of Article . 67 of the Federal Law "On Enforcement Proceedings" , also adopted recently. Its content is to prohibit the debtor from traveling outside the Russian Federation. The consequence of this measure was the repayment of maintenance debts in the amount of approximately 1. 5 billion rubles. in 2014 nine0003

Vehicles prohibited from driving

If there is a debt, the right to drive is withdrawn:

cars;
motorcycles;
mopeds;
tricycles and quads;
self-propelled machines;
river and sea vessels;
by air.

Conditions that allow depriving the debtor of the right to drive

The possibility of depriving the driver of a driver's license appears in the presence of the following circumstances:

The court issued an order to collect the debt from the defendant.
The amount of debt in the aggregate is at least 10,000 rubles. When determining it, other unpaid obligations are also taken into account - imposed for violation of traffic rules or other legislative norms. That is, if they are available, an administrative measure can be applied even if the debt for alimony does not reach the required limit. The term of non-payment is not taken into account.
This situation does not belong to the mentioned legislation, in which the application of these measures would be unacceptable. nine0006

Persons not subject to deprivation of driving license

Para. 5 p. 9 art. 67.1 of Federal Law No. 229 provides for cases in which deprivation of rights for debts is impossible:

The cost of outstanding obligations is below 10,000 rubles.
Transport is used by the defendant as the main source of income. For example, when transporting passengers or goods. This fact must have documentary evidence - the existence of an agreement, a work book or a certificate of creation of an individual entrepreneur. nine0006
The place of residence of the debtor and his family members is located far from public transport route lines. In this connection, driving a car is the only way to reach a place of work or study and a condition for a normal existence.
The defendant has a disability.
Debtor provides maintenance for:
1. a child with a disability, regardless of its group;
2. adult invalids of group I or II.
The payer was granted a deferral of debt repayment, as he missed the payment deadlines for good reasons:
1. was ill for a long time;
2. was fired due to redundancy;
3. other causes

These circumstances must be confirmed by relevant documents. For example, an extract from the work book, a certificate from the place of residence, about disability, about the presence of a delay. Copies of the documents along with the application are transferred to the bailiff. nine0003

The application should preferably be made in two copies to avoid misunderstandings. After considering the application, the bailiff draws up an act on the ban on the withdrawal of a driver's license. It is better to always have a copy of the act, as well as supporting documents, in the car for presentation to the traffic police.

The procedure for deprivation of rights

A document obliging the defendant to pay alimony and determining the amount of monthly payments can be drawn up in the form: nine0003

Mutual agreement (rare in practice).
Court order on the basis of which the enforcement decision is issued.

If there is an agreement

If the payer does not comply with the terms of the agreement, the child support recipient has the right to apply to the court for revocation of a driver's license for debts. The application must indicate the amount of the debt and the period of non-payment. A bailiff can also file a lawsuit, which is allowed to do so by the expanded powers granted by the new law. nine0003

If there is a writ of execution

The bailiff has the right, without going to court (on his own initiative or at the request of the plaintiff), to issue an order depriving the defendant of the right to drive. The possibility of performing these actions also appeared as a result of the adopted law. This requires the presence of a writ of execution, the instructions of which were not fulfilled within the specified period. The voluntary term for payment of debts, as a rule, is 2 months. If we are talking about maintenance payments, the court may set other terms. The statute of limitations for child support arrears is 3 years. This means that in the case of a debt for several years, the defendant will be obliged to pay only the debt for the last three years. Read more on our website https://divorceinfo.ru/3057-sroki-davnosti-po-uplate-alimentov

Deprivation of rights

The contents of the order include:

driver's license information;
instructions on the fulfillment of obligations to the debtor;
notice that the debtor may be deprived of rights for non-payment of alimony within 5 days.

The document is subject to approval by the senior bailiff. Its copies must be sent within one day:

to the alimony recipient; nine0006
to the payer;
to the bodies of the Ministry of Internal Affairs, traffic police and other services (according to the type of transport), which record information about the collection in the database.

Transfer of a driver's license

Having received a decision on deprivation of rights, the defendant must pay off debts or hand over the driver's license to the Federal Bailiff Service (FSSP) within 5 days. At the same time, an act of transferring the document is drawn up, which is stored in the Bailiff Service until it is returned to the owner. nine0003

Administrative liability for failure to comply with the instructions

A debtor who has ignored the requirements of the bailiff may be subject to a fine in the amount of ( Art. 17.14 part 1 of the Administrative Code ):

Do you know defendant. One quarter - for one child, one third - for two, exactly half - for three or more children. Read more about the minimum amount of alimony in the article here

RUB 1000–2500 for individuals.
10000–20000 rubles for individual entrepreneurs.

If even after that the violator does not give up the right and continues to drive vehicles, any of the following measures are applied to him:

Imposition of a fine up to 30,000 rubles.
Imprisonment for up to 15 days.
Correctional labor for 100-200 hours

The person who transferred the right to drive to the debtor is subject to a penalty in the amount of 30,000 rubles. nine0003

After fines have been imposed, the child support debtor's driver's license may be forcibly revoked and transferred to the Bailiff Service. The imposition of an administrative penalty does not exclude the need to repay the debt.

Restoration of driver's license

The driver's license is returned to the debtor after full payment of existing debts and penalties accrued for late payments. As confirmation, he must provide the bailiff with documentary evidence. For example:

bank statement on transferring money to the recipient's card;
a receipt for cash, written by the plaintiff in the presence of a bailiff or notarized;
copies of receipts for payment to the treasury, if the debts on maintenance payments were reimbursed to the recipient by the state.

If the case was initiated by the FSSP, an additional execution fee of 7% of the amount owed is paid. After that, the bailiff within two days (including the day of the debtor's application) issues a decision on the issuance of a driver's license. This information is entered into the database, and a copy of the document is sent to the traffic police. nine0003

To find out more information - ask questions in the comments to the article

Error when withholding alimony \ Acts, samples, forms, contracts \ ConsultantPlus

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Error while withholding maintenance

A selection of the most important documents on request Error when withholding alimony (regulations, forms, articles, expert advice and much more). nine0003

Alimony:
Alimony obligations of children for the maintenance of parents
Alimony obligations of spouses
Alimony in 6-NDFL
Alimony in a solid amount of
Alimony of an individual entrepreneur
still . ..

Judicial practice : Error while withholding child support

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Open the document in your system ConsultantPlus:
Selection of court decisions for 2019: Article 113 "Determination of debt on alimony" of the RF IC
(R.B. Kasenov) him alimony to the interdistrict department of bailiffs for the recovery of alimony payments to invalidate the resolutions on the calculation of debt, on the obligation to recalculate the debt, to recognize the refusal to consider the complaint of his complaint unlawful. As the court pointed out, in accordance with paragraphs 3 - 4 of Art. 113 of the Family Code of the Russian Federation, the amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision or an agreement on the payment of alimony; the amount of debt on alimony paid for minor children is determined based on the earnings and other income of the person obliged to pay alimony for the period during which no alimony was collected. In this case, the bailiff used an arrears calculation based on an incorrect alimony recovery period, in addition, he calculated alimony arrears for a period in accordance with which the plaintiff has no alimony arrears. nine0003

Open the document in your consultantPlus system:
Selection of court decisions for 2021: Article 102 "Procedure for recovery of alimony and debt obligations" Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" "The appellant's conclusions about the need for priority repayment of current alimony at the expense of the partial payment made by the debtor are based on an erroneous interpretation of the current legislation, since neither Articles 60, 80, 81, 83, 113 of the Family Code Russian Federation, neither Article 102 of the Federal Law "On Enforcement Proceedings", nor Articles 5, 134 of the Bankruptcy Law contain such a rule, in connection with which the court of first instance was reasonably guided by the general rule of civil law on the calendar order of repayment of existing debt to credit torus.