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How to Get Somebody's License Suspended for Nonpayment of Child Support

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  • 09-09-2014, 01:00 PM
    rtvgirl
    How to Get Somebody's License Suspended for Nonpayment of Child Support
    My question involves child support in the State of: IL

    i have a five year old son. his father has never paid support. he has not worked since our son was about 9 months old (that i know of...). his income comes from sources such as gambling wins and perhaps selling drugs. not sure of this but its my assumption. in any event he has no traceable income. based on dcfs records of his last known income i should get a whopping $90 or so a week from him which is better than nothing and will pay day care and other expenses so i want and need this money. it appears that DCFS is so backlogged they jsut can't get all of the cases to court or reported to the state. not sure but i continually get excuses as to how this takes a long time or they do not know the status.

    how can i get this pressed? can i file a petition with the court to get this process started? they tell me they have started the process but i'm not sure what that entails. i found this info on our state website but cant find a contact at the dept of transportation and as i said DCFS is not that helpful. i work full time so i cant go there physically and sit to wait to get to a real person very often (i did go twice over the past year, took off work to talk to someone about this), and i have talked only to them on the phone recently. i was told they dd not really know how it works with the dept of transportation suspension.

    how can i get this going so that maybe he will actually give me some money to help raise our son? he supposedly got notice in may it would be suspended but it never happened. he did not do as directed and set up pmt plan.

    This is all I could find....no direct number though. It just says to call
    DHFS but there has to be someone that has more information. DCFS has been no help at all.

    DRIVER SERVICES


    .Deadbeats Don't Drive - A person's driver's license may be suspended under
    the Family Financial Responsibility Law for non-payment of court-ordered
    child support.

    This measure, formally known as the Family Financial Responsibility Act,
    allows Illinois courts and the Secretary of State's office to take strong
    action against parents that fall more than three months behind in making
    court-ordered child-support payments could face the loss of his or her
    driving privileges. The Illinois Family Financial Responsibility Law
    outlines two systems for driver's license suspensions for those owing child
    support:

    System One - Court Ordered Suspension

    A circuit court may invoke the law any time a judge rules that a parent is
    at least 90 days behind on child support payments. The court notifies the
    Secretary of State's office that the parent is in contempt of court for
    failure to pay child support. The Record of Non-Payment of Court Ordered
    Child Support Family Responsibility Law is completed, certified by the court
    and submitted to the Secretary of State's office which results in the
    pending suspension being loaded onto the driving record. The Secretary of
    State's office notifies the driver that a license suspension will become
    effective in 60 days. The suspension can be avoided if the Secretary of
    State's office is notified that the parent has met the court's requirements.
    Once the individual has complied with the child support obligations, the
    court will submit the Compliance of Family Financial Responsibility Law to
    the Secretary of State's office. The parent also may request an
    administrative hearing with the Secretary of State's office during the
    60-day period following notification. A delinquent parent's driver's license
    will remain suspended until the Secretary of State's office receives notice
    from the court that the parent is in compliance with the court order of
    support. The court can order the Secretary of State's office to provide the
    delinquent parent with a Family Financial Responsibility driving permit to
    allow travel for work, or medical purposes. For more information, please
    call the Secretary of State's office at 217-782-3720.

    The court may also order the suspension of a driver's license for
    individuals who have been adjudicated as having engaged in visitation abuse
    as provided in 625 ILCS 5/7-702(d). The Visitation Order Violation form is
    completed, certified by the court and submitted to the Secretary of State's
    office which results in the suspension being loaded onto the driving record.
    The suspension will remain into effect until the court submits the
    Visitation Violation Compliance form to the Secretary of State. All
    documents must be entered in court and have the court seal in order to be
    acceptable by the Secretary of State. For more information, please call the
    Secretary of State's office at 217-782-3720.

    System Two - DHFS-Ordered Suspension

    The law gives authority to the Illinois Department of Healthcare and Family
    Services to request that the Secretary of State's office suspend the
    driver's license of a parent who is 90 days or more delinquent in child
    support payments. DHFS reports cases of individuals who are 90 days or more
    in arrears in child support payments directly to the Secretary of State's
    office. The Secretary of State's office then notifies the driver that a
    license suspension will become effective in 60 days. The suspension can be
    avoided if the Secretary of State's office is notified by DHFS that the
    parent has met their child support obligations.

    For more information, please call the Illinois Department of Healthcare and
    Family Services at 217-524-2936. To avoid suspension of driving privileges,
    the individual must contact the Illinois Department of Healthcare and Family
    Services and make payment arrangements for their child support obligation.

    DHFS can direct the Secretary of State's office to provide the delinquent
    parent with a Family Financial Responsibility driving permit to allow travel
    for employment, searching for employment or medical purposes. All driving
    permit requests should be made directly to DHFS at 217-524-2936.
  • 09-09-2014, 04:39 PM
    FatherWhoWon
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    Presumptuous?

    You can't go telling the department of transportation that you want them to suspend his license and expect them to jump on your say so. You've already posted all the information you need to know - DHFS can report him and request the suspension, or a judge can order it. You can petition the court for enforcement of your order, and a judge would decide what is appropriate. If DHFS moves too slow for you, you're not the only one who thinks that. You can adopt more patience or try to get them to move faster (good luck).

    But you need to get a reality check about something else as well: Dad can get a permit and still have many of his driving privileges anyway. Might not be that motivational.
  • 09-09-2014, 07:06 PM
    rtvgirl
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    Hmmm. First off I didn't expect to TELL the DMV what to do. I asked for suggestions on how to get the state to take action.
    I guess I will just sit here for another few years and expect nothing. Silly me to presume the courts or DCFS or I can do anything to get a man to support his child. Not sure why the courts and state boast they won't tolerate this but in reality they do nothing. And of course he should have a permit so he can drive his car illigally and without insurance in order to gamble and get tattoos and transport his drugs. I certainly do need a reality check!
  • 09-09-2014, 07:16 PM
    FatherWhoWon
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    The state does as much as they can with the funding they have. Sure, it's partly their responsibility to enforce and collect support. But it's also partly on us as parents to share some responsibility in the choice that we made to make the other person a parent to our children. Yes, it sucks. But it's reality. We can't just cry victim and whine about how it's not fair and all someone else's fault. We had a part in this as well.

    And you don't just have to sit on your hands and wait. You have all of your options spelled out above, limited as they may be.
  • 09-09-2014, 07:31 PM
    rtvgirl
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    True true.... I live with the "I made my bed I need to lie in it" hanging over my head daily and should just accept he has morphed into a dead beat who could care less about his child. The bonus is I got an angel boy out of this. Unfortunately I expected more. I'm learning slowly to expect nothing and control what I can.
  • 09-09-2014, 07:40 PM
    Dogmatique
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    Quote:

    Quoting rtvgirl
    View Post
    Hmmm. First off I didn't expect to TELL the DMV what to do. I asked for suggestions on how to get the state to take action.
    I guess I will just sit here for another few years and expect nothing. Silly me to presume the courts or DCFS or I can do anything to get a man to support his child. Not sure why the courts and state boast they won't tolerate this but in reality they do nothing. And of course he should have a permit so he can drive his car illigally and without insurance in order to gamble and get tattoos and transport his drugs. I certainly do need a reality check!

    Let's have a quick time-out, shall we?

    More reading: http://www.illinoislegaladvocate.org...&contentID=344

    I don't know if that's where you started, but if you scroll down there is a bit more in terms of describing what can happen.

    Oddly enough, I didn't find your post presumptuous in the slightest. I do see a frustrated parent who is sick and tired of nothing happening to either punish OR motivate the other parent. Unfortunately, the truth is that some parents will go as far as sabotaging their own lives including tanking their own credit.

    I think you need to actually go to the child support office in person. If you don't, you're pretty much a number.

    I will say though, that they're far more likely to listen of you "gently" remind them of their duty, versus shutting up forever.
  • 09-09-2014, 07:44 PM
    FatherWhoWon
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    Guess I just don't think in terms of "punishment" for the other parent.
  • 09-09-2014, 07:53 PM
    Dogmatique
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    A person doesn't get to use "parent" status to avoid punishment for going against a court order...unless you meant something else.
  • 09-09-2014, 08:07 PM
    cbg
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    I guess my questions here have to do with goals, motivations and a bit of a reality check.

    I completely get the frustration at not receiving the court-ordered (it is court-ordered, right?) support. I fully understand trying to use whatever methods are available to get what the court says you are due.

    I'm wondering, though, of what value it is to have his license suspended, thus ensuring that he is unable to work, unable to earn money, and thus unable to provide the support that you're looking for this to shake loose.

    In other words, while this may be an available option, I question whether it will provide the desired result.
  • 09-09-2014, 08:12 PM
    rtvgirl
    Re: How to Get Somebody's License Suspended for Nonpayment of Child Support
    I really am just frustrated. And I really will go to their office very soon.. where I will still be a number all be it an actual physical presence. And i will gently reiterate my story again. And wait again.

    I believed in him once upon a time. I don't expect thousands of dollars.. I just want something. Enough to buy some clothes for a season, or food, or to pay for soccer shoes and swimming lessons. Its the principal. I want him to man up. Its sad and its aggravating. I want him to squirm once maybe and face a judge who tells him to support his child. It really seems like a no brainer ... Sad its not to so many.

    can I file a petition to show cause or do anything while the DCFS moves slowly along? Like double team him along with them or anything?
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