- Colin Koons
Has your Driver's License been Suspended for failure to pay Child Support?
In Indiana, if you owe at least $2,000.00 or have missed more than three (3) months of court ordered child support, the Child Support office can start procedures to suspend your driver’s license with the Bureau of Motor Vehicles (BMV).
If this happens, you may lose your employment or struggle to get a job without a driver's license. Let’s face it, you can’t get a good paying job in Indiana without a vehicle. We just don’t have the public transportation infrastructure in place.
There are several reasons why your driver's license might have been suspended (such as DUI, no license, reckless driving, etc.). However, if your driver's license has only been suspended because of child support, then you can have it reinstated rather easily.
You can contact the Child Support Prosecutor with one of the following:
(1) pay off all back child support in full or have the arrears forgiven;
(2) pay lump sum equal to eight (8) weeks of the child support order; or
(3) negotiate and follow a payment plan.
Option 1 would be unusual. You obviously don’t have the lump sum in full, or you wouldn't be behind, and dismissal only occurs if the child support recipient (usually the Mother) is willing to (a) forgive the debt and (b) has not been receiving state funds like TANF.
Option 3, the payment plan, is the most common method. The Department of Child Services specifies that the “ultimate goal of the payment plan is not to penalize the obligor, but is to provide consistent child support payments to families.” In my experience, a good attorney can help negotiate a reasonable payment plant. and most Child Support Prosecutors recognize this fact.
If you feel that the Child Support Office is being unreasonable, you can always file a petition with the court and ask the judge for a different decision. This process involves requesting specialized driving privileges, and you should get an attorney to help you with that type of petition as that can be technical and tricky to get the details correct. However, if you feel brave enough to try, please follow this link to find the forms available online to request specialized driving privileges.
Please contact us to discuss how an attorney's assistance can help get your driver's license reinstated. Call our office at (317) 721-8044 to discuss with a family law attorney or click here to set up a virtual appointment via video conference.