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Main Forums => Dear Socrateaser => Topic started by: mishelle2 on Jan 15, 2006, 01:50:33 PM

Title: child support/drivers lic. CA ?
Post by: mishelle2 on Jan 15, 2006, 01:50:33 PM
1.What is the law on driver lic. suspension in CA,
2. Is there an amount of payments you must miss prior to having a suspenion placed on your lic?


thanks
Title: RE: child support/drivers lic. CA ?
Post by: socrateaser on Jan 15, 2006, 06:47:53 PM
>1.What is the law on driver lic. suspension in CA,
>2. Is there an amount of payments you must miss prior to
>having a suspenion placed on your lic?

I don't answer bare legal questions without supporting facts. If you post your facts, I'll see if I can help.

However, traffic code laws are pretty straightforward, so you may be able to find out what you need to know just by visiting the CA DMV website.
Title: RE: child support/drivers lic. CA ?
Post by: mishelle2 on Jan 15, 2006, 07:41:18 PM
so heres the facts,  dh has paid current support without missing any payments in last 3 1/2 years,  however he does have a substanstial amount of arrears, but makes payments via wage assignment of 50% of income.  I checked with employer, and no payments have ever been missed, one payment was late,(one week late) because child support office sent papers stating to change the day it was sent in.
Just received notice from DMV that drivers lic will be suspended for lack of payment to Orange County Child support office.

questions:

1. Can child support office suspend lic for lack of payment, when you havent missed a payment in 3 1/2 years?

2. Any advice?
thanks for all of your help, to me and others.
Title: RE: child support/drivers lic. CA ?
Post by: socrateaser on Jan 15, 2006, 08:13:51 PM
>questions:
>
>1. Can child support office suspend lic for lack of payment,
>when you havent missed a payment in 3 1/2 years?

You must satisfy the following statute to be in compliance. If you are, then you can challenge the suspension by filing a complaint with the local child support agency:

"'Compliance with a judgment or order for support' means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order.  The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604."

>2. Any advice?

Your facts suggest that you are in compliance and that this is a mistake. Contact the local office of DCSS and ask what's up, because it looks like a mistake to me.