In Florida, the courts have a number of ways to enforce a child support order. The state of Florida presumes that each parent has a duty and a responsibility to provide support for their children. When a noncustodial parent refuses or is unable to pay child support, the parent receiving child support payments can petition the court for a contempt order. If the noncustodial parent still doesn’t make the payments, the court can order a wage garnishment or take active measures to force the other parent to make those payments. One of the tools that the courts have at their disposal is the ability to suspend the noncustodial parent’s driver’s license. The courts can also suspend a professional license. In this article, the Tampa child support attorneys at Westchase law, P.A. will discuss how the Florida courts can suspend a non-paying parent’s driver’s license when they fail to pay child support.
What does Florida law have to say about the suspension of driver’s licenses?
Section 322.245 of the 2016 Florida Statutes states that a non-paying parent’s driver’s license can be suspended if they fail to pay child support. For a driver without a commercial license, the process of suspending the parent’s driver’s license will begin when the parent is 15 days late or fails to comply with a court order or subpoena. The driver then will have 20 days to take one of the following actions to prevent their license from being suspended. Those include:
- paying the delinquent balance in full
- entering into an agreement to pay the delinquency with interest
- contesting the delinquency and suspension
How can I clear a license suspension for failing to pay child support?
If your driver’s license has been suspended for failing to pay child support, a Tampa family lawyer can help you file a Motion to Contest Driver’s License Suspension so that you can petition the court to stop the driver’s license suspension. On this matter, Florida’s policy is to incentivize parents to make payments and ensure that their children receive the support they need. The court is usually open to allowing parents to make a lump sum payment under the total amount owed to stop the suspension of their driver’s license. In other words, the court will set payment at some percentage of the total amount owed to reverse your driver’s license suspension or prevent your license from being suspended.
Florida law gives a non-paying parent 20 days to file a motion to contest a driver’s license suspension. Any parent who fails to exercise this right and takes no other action will have their license suspended without further notice. It is better to contest the suspension prior to this happening.
Talk to a Tampa family law attorney today
Westchase Law, P.A. represents the interest of Tampa residents who are either looking to enforce the child support order or contest the suspension of their driver’s license. Call our Tampa family lawyers today to schedule an appointment, and we could begin discussing your goals and concerns right away.