Impact of Missing Child Support Payments on Your License

If you are struggling to make child support payments, modifying the support order or establishing a payment plan can prevent license suspension for failure to pay. Once suspended, there are steps you can take to regain your privileges.

When child support goes unpaid it begins to accumulate into what is known as arrears. Arrears, and unpaid child support can be enforced in several ways. The court can start to garnish your wages, so that whenever you receive a check, there is an automatic deduction for child support. The court may also choose to take your tax refunds, report you to the credit bureaus, or attach liens to your property, among other ways. The court can also suspend your driving privileges or professional license, which can lead to many more problems down the road.

What it Means when Your Driver’s License is Suspended for Child Support Delinquency in New Jersey

A child support-related license suspension is when the probation department notifies the Motor Vehicle Commission of your lack of payment. This, in turn, leads the Motor Vehicle Commission to suspend your driving privileges. This means that if you are caught driving after the suspension takes place, you will be charged with NJSA 39:3-40 for Driving with a Suspended License. This charge carries a hefty fine and potential jail time. It is a very serious moving violation under New Jersey law.

NJ’s Broad Power to Suspend Licenses for Unpaid Child Support

In addition, the Department of Human Services states that its child support division has the ability to suspend various licenses, not just a driver’s license. The court, or an administrative office, such as the Motor Vehicle Commission, Federal Aviation Administration, etc., has the power to suspend professional and occupational licenses, as well as sport or recreational licenses, for failure to pay child support.

New Law Ensures Due Process Before License Suspension in New Jersey

A law went into effect in February 2021, signed by Governor Murphy, that seriously inhibited the ability to automatically suspend driver’s licenses as a result of not paying child support. There is no longer an automatic suspension. Though the law went into effect in February, non-payment of child support suspensions stopped on April 1, 2021. There are no longer automatic suspensions for child support related warrants for the non-payment of child support. There is now a hearing that is required for a suspension to take place.

The Flaw in Automatic License Suspensions for Child Support

Not only was an automatic suspension cited as in violation of procedural due process, but a license suspension presents a serious obstacle to those behind on child support payments. Those without the ability to drive can lose their ability to work. If people cannot work, they cannot pay. Further, without having due process, a licensee cannot lose their license automatically despite it being a privilege. With a driver’s license suspension, people who are behind on child support payments are unable to commute to certain jobs or accept employment positions that require a car.

Understanding the Legal Requirements for Child Support License Suspension in NJ

For a suspension to take place, certain elements must be met for it to be a valid suspension. The individual must have not paid child support that was ordered by the court. Second, the amount in arrears must be for at least six months, which means that the individual must have failed to pay child support for at least six months. Third, the person who failed to pay child support must have received a notice, which is written by the New Jersey Child Support Enforcement Agency. The notice must inform the individual that they are going to suspend their driving privileges as well as any professional licenses. The individual must also have the opportunity to rectify whatever is wrong and causing the suspension. Complying might mean paying in full, or making an arrangement that is appropriate or satisfactory to the court.

A Roadmap to Regaining Your License Post-Suspension

Getting your license back after a child support suspension depends on the circumstances of the case. The three main strategies are as follows:

1. Full Payment of Overdue Child Support: The fastest, easiest way of getting the license back is paying whatever amount is overdue in full and showing proof that this has been done.
2. Satisfactory Payment Arrangement: You may also be able to make a satisfactory payment arrangement and show the MVC that this has been accepted by the New Jersey Child Support Enforcement Agency.
3. Request a Hearing: Another option is to request a hearing in front of an Administrative Judge to show that the suspension has been done in error and plead your case.

Navigate Child Support License Suspension and Protect Your Privileges with Help from Our Lawyers in Caldwell, NJ

As in many cases involving child support payments in New Jersey, getting your license back, or preventing your license from being suspended, can be extremely difficult. This is where an experienced child support attorney can prove to be absolutely invaluable. Whatever the case may be, a seasoned family lawyer at The Montanari Law Group can best present your case to the powers that be to maintain the privilege of driving, as well as protect other professional or occupational licenses. We may also be able to argue that your child support suspension was imposed in error, if the circumstances so warrant, or assist you with modifying your payments in order to better coincide with your current financial situation.

If you have concerns about child support arrears that may impact your ability to drive or perform your professional occupation, contact us at (973) 233-4396 to speak with an attorney who knows what can be done to rectify the situation. We serve clients throughout Short Hills, New Milford, Little Falls, Ridgewood, Millburn, Caldwell, Franklin Lakes, Montclair, Wanaque, and elsewhere in the surrounding Passaic County, Essex County, Hudson County, and Bergen County region. A member of our team is prepared to help and provide you with a free consultation.