Child Support and Driver's License Suspension

[Warr]

My question involves child support in the State of: Colorado

I am a construction worker, or was, until the economy has left me with nearly nothing. As construction workers, we are faced with many challenges... back-breaking labor, the constant fight with Mother Nature, and the ever-changing job location. That is the nature of construction: build something and move on to build something else... most often, building something means the location is a new area of town or possible even in a rural farm community. A construction worker goes where the work takes him. Many of these areas are not within 'walking' distance, not on any bus route, and distances rarely make taking a cab a financially reasonable alternative.

I understand the need to enforce child support. I'm certain there are many who simply do not want to take that responsibility. But it seems to me, that suspending one's driver's license has little effect on those who simply refuse to pay. I've been told, that result's show that it is indeed responsible for gaining compliance, but I'm betting the compliance overwhelmingly is from those that wish to be responsible in the first place, though had some difficulties in doing so for a period of time. While those who refuse... just evade the laws in one way or another.

Which brings me to... me... I am a criminal... I drive (well used to, when I had work) without a license. In fact, I haven't had a license in nearly a decade. Suspension due to a few months of not paying, (Though there was a history of compliance beforehand.) A few months later... payments (and a job) resumed but due to the 'driving under suspension' citation just prior... license suspension continues for another year... Within that year, getting stopped for having a headlight out (absolute fact) continues the suspension for 2 more years... also, mandatory arrest and vehicle impound laws regarding those who drive without valid licenses force an already strained financial situation to worse. And once again, failure to comply with child support orders... another year of license suspension... another traffic stop (this time for 10 miles over the speed limit - yes, completely my fault)... more fines and fees and more time without a valid license. All this, WITH the undeniable intent to earn a legimate income (by this point, CS payments were automatically deducted from paychecks - not like was ducking payments even if I wanted to)... Now, after 3 consecutive traffic violations of driving under suspension, in Colorado, a driver's license is suspended for five years. Another citation, I will be labeled a habitual traffic offender and sent to prison.

A habitual traffic offender.. and yet my offenses hardly have anything to do with my actual driving skills or responsibilities... Without a license, one cannot insure a vehicle, another reason to be criminalized in the attempt to keep a job. Now a decade later, four and a half years into my 5-year suspension, a vehicle with no insurance and expired registration... I face ever-increasing problems trying to work around the legalities, and risk losing it all when I'm so close to being a valid driver, simply because I need to work again and must travel to find it. Not only for myself, but for my family, AND of course for my child's child support!

My question: This is a Federal and/or State Congressional issue it seems... How can one with little resources fight and/or find recourse to such irresponsible and ill-conceived legislation? They think they help children, yet only make the burden more difficult... If I'm imprisoned, support will be reduced to 0... period, regardless of my intent. Imprisoned, NOT for refusing to pay, but because there have been difficult times (I wonder how many people undergo times of financial difficulty), times which this legislation only made MORE difficult! Perhaps it is us, in this situation, who need to make the ones who enacted this law pay for the burdens they place on our children as well as us?

Failed to include: The great number of jobs denied and/or missed out on due to not having a valid license... "pay your child support... we don't give a damn how you do it or if you can't work to do it... " <------ congressional attitude.

[Dogmatique]

Write to your congressman/woman.

Your child needed and deserved support from both parents. The law is simply trying to make both parents liable. Punitive measures are part of the process; if parents would actually pay the support as ordered perhaps such measures would be unnecessary.

[jk]

I'm not seeing the license suspension as overly punitive. Many states will allow a restricted license for work needs.

a bicycle comes to mind for those that don't allow a restricted license or sharing rides with a friend (and of course paying them a reasonable amount so the costs are shared).

Unless every time you were stopped you were either going to or coming from work, your argument is ridiculous and intentionally inflammatory.

[Warr]

Once again, the scope beyond your own little world is ignored... I'm sure it nice to be able to carry all that you need to carry out your duties of your job on your back as you pedal to and from there, but most construction workers do not have that luxury. Many construction jobs are also manned by small crews (3 -5 ppl) and by men or women who travel an hour or more at times to get to their destination. By bicycle, without being able to travel on the freeways, the time traveled would be rediculous... Finding a "ride" from someone is not as available as you may think. Even a person who lives as close as 30 minutes away (which, in 20 years in construction, has rarely occurred) translates into as much as 2 hours a day being a 'chauffeur' and few are willing to make that sacrifice for a few weeks let alone a year or more regardless of paying travel expenses.

Is it really that difficult to assume that a vehicle is a must for some people? And that a punishment that not only has absolutely NOTHING to do with the "crime" and in fact, creates furthur burden, is outlandish?

There is absolutely nothing in my post that suggests punitive measures shouldn't be enforced to take care of one's child. There is nothing posted that says I don't believe child support should be paid. This post is only about finding a more appropriate method of enforcing it... one that does not make it incredibly more difficult to do so for many fathers. All I wish, is for everyone to just imagine the possibility of being in a situation where a driver's license suspension adversely affects one's ability to earn a living in general (let alone pay child support).

Quoting 'jk' : " Many states will allow a restricted license for work needs." -- the key word in that statement is 'many'. Which means there are several states that do NOT... including my state. So is it your attitude that "it's not your situation, so it's not your problem"?

[jk]

Quoting 'jk' : " Many states will allow a restricted license for work needs." -- the key word in that statement is 'many'. Which means there are several states that do NOT... including my state. So is it your attitude that "it's not your situation, so it's not your problem"?

then I guess it's a bicycle, bumming rides, or walking. That is the point of the state imposing punitive actions; they are supposed to penalize you for your actions with the hope you will learn and not do it anymore. Apparently you have failed to learn your lesson.





this is specific to a license suspension for failure to pay child support.

(4) In the event that a driver's license is suspended pursuant to subsection (3) of this section, the department may issue a probationary license for a period not to exceed ninety days from the date of issuance, which probationary license shall restrict the driver to driving to and from the place of employment or to performing duties within the course of the driver's employment. The department is authorized to charge a fee for such probationary license that covers the direct and indirect costs of issuing the license. The department may not issue a probationary license to an individual unless at the time of license restraint such individual has a valid driver's privilege and has no outstanding judgments or warrants issued against such individual pursuant to the requirements of section 42-2-118 (3).

You had the ability to obtain a 90 day restricted license. I guess your statement your state is in that group that do not have a restricted license isn't quite true.




and you can gripe about a bicycle all you want. Since my father rode his from Michigan to Key West Florida on his, I tend to ignore those that say it is not possible to get where you need to on a bike.

And that a punishment that not only has absolutely NOTHING to do with the "crime" and in fact, creates furthur burden, is outlandish?

Your first suspension is the only one you can make that argument with. After that, being caught driving without a license will result in further suspensions. I also notice you failed to reply to the point about whether any of the times you were caught driving was something other than going to and from work. If any of them were, your argument has no merit. If they were only driving to or from work, you will garner some sympathy so, which is it?

If I'm imprisoned, support will be reduced to 0... period, regardless of my intent.

It doesn't stop accruing though. The intent is to let you know it is not acceptable to shirk your responsibilities and hopefully the incarceration will entice you to make more of an effort to pay.

another fault with your complaint is that it takes quite a while for a judge to finally accept you are just not going to pay your child support before you are jailed. It doesn't happen by missing a couple payments.

There is absolutely nothing in my post that suggests punitive measures shouldn't be enforced to take care of one's child. There is nothing posted that says I don't believe child support should be paid. This post is only about finding a more appropriate method of enforcing it..

so, what do you suggest.

[aardvarc]

As easy as it sounds, it really doesn't work to just tell the child not to eat, grow, need new clothes, etc.

[Dogmatique]

There is absolutely nothing in my post that suggests punitive measures shouldn't be enforced to take care of one's child. There is nothing posted that says I don't believe child support should be paid. This post is only about finding a more appropriate method of enforcing it... one that does not make it incredibly more difficult to do so for many fathers.

And I told you exactly what to do.

The law is the law - if you want the law to change, start writing to the law-makers.

As an aside though, it generally takes more than a few months of non-payment before the state revokes a driver's license.