In Florida, child support is ordered in nearly every
paternity or dissolution of marriage action involving minor children. The State of Florida takes this obligation
very seriously and provides a wide variety of means by which to enforce a
person’s child support obligation. The most common form of enforcement is to
suspend the non-paying party’s driver’s license. Florida law allows for a notice to be sent to
the Department of Highway Safety and Motor Vehicles informing them of the
intent to suspend a non-paying party’s driver’s license just fifteen days after
the party has become delinquent in their payments. The party will then typically have just
twenty days to either pay the amount in full or enter into a written repayment
agreement.
However, often times a party may get behind due to no fault
of their own. The law does recognize
that it would be improper to suspend a person’s driver’s license when they
desire to, but are simply unable to, comply with their child support obligation. For that reason, the law does provide certain
instances where a person’s driver’s license will not be suspended even though
they have become delinquent in their obligation. These exceptions include: when the delinquent party demonstrates
that he or she receives reemployment assistance or unemployment compensation; demonstrates
that he or she is disabled and incapable of self-support or that he or she
receives benefits under the federal Supplemental Security Income program or
Social Security Disability Insurance program; demonstrates that he or she
receives temporary cash assistance; or demonstrates that he or she is making
payments in accordance with a confirmed bankruptcy plan.
If a person falls into one of the above
exceptions, it is important that they immediately notify the proper personnel
upon receiving a notice of intent to suspend their driver’s license. Otherwise, the Department of Highway Safety
and Motor Vehicles will proceed to suspend the person’s driver’s license.
Written by: Attorney Barry Newton
