Guest Post on License Suspension for Failure to Pay Child Support

Today we have as a guest blogger Adam Rosenblum of the Rosenblum Law Firm.  His firm handles a lot of criminal cases including traffic defense. In today’s post he explains how failure to pay your child support can lead to a suspended license. please note that Mr. Rosenblum is licensed in New Jersey so the specific laws do not apply in Texas.  However,  just about every state in the country (including Texas) has a statute on the books allowing for the possibility of a suspended license as a penalty for failure to pay your child support.  The obvious lesson is to pay your child support.  Here is Mr. Rosenblum’s post:

Paying child support is the responsibility of every parent across America.  Each state has varying laws with regards to legal matters involving families.  One law that many states have adopted is suspending an individual’s driving privileges when that person fails to make child support payments.

Individuals that fail to meet their child support obligations can find themselves in pretty deep trouble with the law, especially when they realize their privilege to drive has been suspended.  If you fail to pay your child support obligation you can be driving on a suspended license and be committing a pretty serious crime.  It’s important to understand your state’s laws on the issue and keep a lookout for any notices in the mail that might state your driving privileges are facing suspension.

The obligation to pay child support is one that can follow you to any state across America.  Once your home state suspends your privileges every other state should honor the suspension.

What Is The Law With Failure To Pay Child Support?

For example in New York, Vehicle and Traffic Law (VTL) Section 510 outlines the law regarding a suspended license because of a failure to pay child support.   In part the law states suspension and disqualification for failure to make child Support payments or failure to comply with a summons, subpoena or warrant relating to a paternity or child support proceeding. (1) The commissioner, on behalf of the department, shall enter into a written agreement with the commissioner of the office of temporary and disability assistance, on behalf of the office of temporary and disability assistance, which shall set forth the procedures for suspending the driving privileges of individuals who have failed to make payments of child support or combined child and spousal support”.

A plain reading of the law in New York shows that the Department of Social Services is obligated to report a failure to pay child support to the Commissioner of the Department of Motor Vehicles in New York.  If you are found to not have paid child support for a period of 4 months in New York, then your driving privileges will be suspended.  As mentioned previously driving with a suspended license can possibly leave you facing criminal charges, heavy fines, penalties and increased insurance premiums.   Criminal convictions in New York are permanent.

What Should I Do If I Have Received A Notice In The Mail That My License Is Suspended For Failure To Pay Child Support?

If you are being charged with failure to pay child support and your driving privileges are to be suspended then you should contact a local experienced traffic defense attorney.  An attorney may be able to stop your privileges from being suspended and help you keep your license.  An attorney has experience dealing with the courts, Department of Motor Vehicles and any other administrative agency like the Office of Child Support Services to help keep you on the road.

Author Bio

Adam Rosenblum is a traffic and criminal lawyer who is admitted to practice in both New York and New Jersey. Adam is no stranger to suspended license cases and more complex issues such as aggravated unlicensed operation.

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Scott Morgan is Board Certified in Family Law by the Texas Board of Legal Specialization. He has practiced family law since 1994 and is the founder of the Morgan Law Firm which is dedicated exclusively to representing divorce and family law clients in the Houston and Austin areas.

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