Can the New York Courts Suspend My Driver’s License for Failing to Pay Child Support?

The State of New York considers driving a privilege, not a right. The state can suspend your driver’s license for any number of reasons. Coming as a surprise to some, one of those reasons is failure to pay child support. Under New York Vehicle and Traffic Law § 510, your driver’s license can be suspended for something that has nothing to do with driving. Your license can be suspended for failing to pay child support.

To make matters worse, it’s not just your driver’s license that can be suspended. You can also lose other licenses such as business licenses, professional licenses, occupational licenses, and recreational licenses. If you recently received notice that your driver’s license has been suspended or could be suspended, you should contact a Rockland County family law attorney. We can help get your driving privileges restored.

Suspension of your driver’s license and child support arrearages 

Under New York law, a family court has the authority to direct the New York Department of Motor Vehicles to suspend an individual’s driver’s license due to the failure to pay child support. While driving privileges will not be suspended for being a day late, they can be suspended if you are four months or more behind. The DMV typically notifies drivers whose licenses are at risk of suspension. They will give the individual 45 days to catch up, enter a payment arrangement, and request a case review.

How can I get my license back if it was suspended due to late child support payments? 

If your driver’s license has been suspended for failing to pay child support, you do have options for getting yourself back on the road. For example, you can challenge the suspension by claiming that you are not (at least) four months behind in your child support payments. Alternatively, you can argue that your income level falls below the threshold for driver’s license suspension due to child support arrearages.

The fastest and best way to get your license reinstated is to catch up on your payments. However, this may not always be possible. You might not have the means to pay the entire back-due amount at the same time. But without a driver’s license, you could be at risk of losing your job. This is especially true if you drive for a living.

If you don’t have the money to catch up on your child support arrearages, you have the option of applying for a restricted license. The restricted license permits you to drive only for very specific reasons. These include going to work, going to school, going to medical appointments, or taking your child to school.

If you can’t make the full payment, the court may allow you to enter into a payment plan that addresses the arrearage while keeping current on present and future child support payments. In some cases, the court may reinstate a driver’s license upon payment of a portion of the delinquent child support payments.

Talk to a Westchester County Divorce Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of parents who are delinquent in their child support payments and facing a driver’s license suspension. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps to getting your license reinstated.