Child Support License Suspension Failure to Pay

by Oscar from Margate, Florida, Palm Beach County

Suspension of License for failure to pay the court ordered amount of child support.

I was hurt in an accident in December 2009 and have been unable to work. As a result, I cannot pay the court-ordered amount of child support.

Although I pay what I can each month I have been issued a letter stating my license will be suspended in July for failure to pay.

I am a truck driver by profession and recently have been unable to obtain employment in this field due to previous suspensions.

My fear is that I will be denied future employment if my license is suspended this month. What can I do if I cannot get work because my license is suspended, but cannot pay the full amount because I am unemployed?

Answer to Florida Child Support Question

Dear Oscar,

You are exactly in that space called between a rock and a hard place.

Florida child support enforcement uses administrative sanctions to attempt to force payment of child support.

The reasoning is that an obligor (the person who must pay) will suddenly find the money owed rather than have his driver's license suspended.

And, I suppose, it is an effective technique for some.

However, the unintended consequence, for someone in your position is that without a driver's license you will not be able to earn a living and so will definitely not be able to pay child support.

The Florida Department of Revenue child support enforcement agency is notoriously difficult to deal with, no matter which side you're on -- obligor or obligee.

You might try requesting the court to dispute the child support owed as arrears, since you were injured and unable to work.

This is not an easy task to accomplish, however, in theory, the state cannot collect support from someone who is unable to pay through no fault of his own.

I suggest you answer the letter from child support enforcement, go to the hearing and state your reasons for falling behind. Explain to the hearing master that without a driver's license you will not be able to work in your profession as a truck driver, even if you could find work.

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