Florida License Suspension Petition

by Carlos from Tampa, Florida, Hillsborough County

I lost my job and have not been able to pay my child support.

The Department of Revenue told me to file a petition with the court so that my license is not suspended.

On the form Petition to Contest Notice of Delinquency and Intent to Suspend Driver’s License and Motor Vehicle Registration there are check boxes for the reason I am contesting.

There is not an option for job loss. What box should be checked to ensure the proper filing of this petition?

Answer to Florida Child Support Question

Dear Carlos,

The only option on this form provided by the 13th Judicial Circuit Court website that might fit your case is option D.

It states that the the Obligor and Obligee in a non-IV-D case, or the Obligor and the Title IV- Agency in a IV-D case, entered into a written agreement for payment of the Delinquency.

Download the Petition to Contest Notice of Delinquency and Intent to Suspend Driver’s License and Motor Vehicle Registration form here.

Then it asks for an explanation why this option was chosen. First let’s define the the terms used in option D on the form here:

Obligor: is the one who owes the child support.

Obligee: is the one who is owed the child support.

Non IV-D Case: is a case where Florida’s Child Support Enforcement Agency is not involved in your case.

Title IV-D Case/Agency: is a case where Florida’s Child Support Enforcement Agency is involved in your case.

In either case, it requires a written agreement between you and either your ex or the Florida Department of Revenue Child Support Enforcement.

Without an agreement spelling out a payment plan to address the arrears or some other reasonable course of action, this option my not be accepted by a judge.

You can ask for a hearing on the matter to enter into an agreement, but this is not the form for you if you have not entered into an agreement to address the arrears.

My suggestion is to try to enter into a written agreement with either your ex or DOR to address the arrears and the license suspension issue as soon as possible.

With an agreement in hand, you can then use this form and check option D and include a brief explanation and attach a copy of the written agreement.

Also be sure to properly serve all parties involved.

Otherwise, your other option is to file a Petition to Modify Child Support, Form 12.905(b) and include the facts as you have stated them.

You should definitely consult a lawyer and at least get his or her advice as to the best way for you to proceed with your child support case.

There may be other options available to you that only an Family Law attorney can advise you based on the specifics of your situation and other factors you may or may not be aware of.

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