Strategies to Avoid Suspension of a Driver's License Due to Child support Arrears in New York

Best Divorce Lawyers In Nj - Strategies to Avoid Suspension of a Driver's License Due to Child support Arrears in New York

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In New York, as in all other states, the failure of an obligor to pay child support may lead to the suspension of his or her license to operate a motor vehicle. Not surprisingly, many parents who have disregarded their child support obligations find themselves in a state of panic when they receive notice that within a matter of mere days, their nonpayment could cost them their potential to legally drive.

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The rules governing the suspension of drivers' licenses as a corollary of child support arrears are set forth in Section 510 of New York's car and Traffic Law. The law requires that the division of social Services edify the Commissioner of Motor Vehicles of persons who are in arrears as to their child support obligations and/or combined child support and spousal support obligations.

In general, under New York law, drivers' licenses can be suspended if the amount of past-due child support is greater than four (4) months of the current obligation, and the obligor is not paying support via an revenue execution.

Child support obligors who receive notice of a pending suspension due to child support arrearages have any options. First, they may request that they be given a restricted license. Typically, the issuance of a restricted license is done so that the payor/obligor may continue to work. The conditional license may provide that the obligor is permitted to drive to and from work, as well as during their work if the employment requires driving.

Alternatively, he or she may request a "hardship exemption." Such exemptions are discretionary, and a request would entail a personal appearance at the support variety Unit (Scu).

In order to most effectively resolve which of the above options is most appropriate, and the best strategy for avoiding a suspension or other enforcement action, it is advisable to think retaining an experienced New York child support lawyer. Because New York's support variety Unit strictly evaluates requests for hardship exemptions, it is essential that individuals facing the possibility of having their licenses suspended for support arrears consult with a Ny disjunction lawyer with touch in support issues.

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