When two parents are separated and have a child together, child support orders may be issued in order to help meet the child’s day-to-day needs, such as food, clothing, shelter, education, transportation, and medical care. Such support is given from one parent to the other.
For various reasons, some parents are unable to or unwilling to make the court-mandated payments that are needed to financially support their child. This child support “debt” is known as an arrear. In these cases, there are several different consequences a person may face, including driver’s license restrictions.
Frustrated due to your ex not making timely child support payments? Contact Wisselman, Harounian & Associates at (516) 773-8300 for help enforcing your court order.
Driver’s Licenses and Child Support Arrears
According to N.Y. Dom. Rel. Law § 13-244 and N.Y. Soc. Serv. Law § 6A-111b, those in New York who owe child support arrears equal to or greater than four months may have their driver’s license suspended, restricted, or revoked.
Other types of licenses that may be impacted by such provisions include:
- Business licenses
- Professional licenses
- Occupational licenses
- Recreational licenses
All 50 states have certain laws or provisions authorizing the suspension or revocation of certain licenses if a person fails to pay child support. What makes New York’s program different is that authorities are proactive in identifying child support delinquency and enforcing child support obligations.
In August 2019, Governor Andrew Cuomo signed legislation that sought to identify parents who have failed to make child support payments before their licenses are suspended. The bill extended the law two years, which means it will run until August 2021.
What To Do If Your License Has Been Restricted
Under the statewide legislation mentioned above, a driver who is at risk of a suspended license related to child support arrears will receive written notice explaining that their license will be suspended in the near future and that they can prevent it by making payments toward child support.
Parents who have already had their license suspended for unpaid child support may apply for a temporary hardship driver’s license while the matter is being resolved. These licenses can typically only be utilized for specific purposes, like driving to and from work or school. Additionally, an individual can contact the court for help ending the suspension if they have begun making child support payments or paid the arrears in full.
Do you need assistance with child support enforcement or modification of an existing order? Contact our child support attorneys at (516) 773-8300 for help today. While we are based in Great Neck, we serve all the boroughs of NYC and clients throughout the state.