My license has been suspended for lack of child support, but I'm unemployed. How do I get it back?

Question

My x-wife filed child support papers on me for my Oldest daughter (Age 17) a year ago. I've always paid her when I was working, but now I'm unemployed and have been for over 8 months. Now the DA has suspended my license!! My wife makes 3x's what I was making and only uses my money for the CASINO'S. My daughter and I are still close, but my X is bitter cause I have 2 other children with my present wife. Its hard enough with unemployment trying to help my wife cover rent and PARTIAL child care (I have no choice but to keep them with me 3 out 5 days of the week) They are 6 and 2 yrs old. I am in the process of going back to school, and need to work. As it is I already have money taken out for child support for a son I've NEVER seen! I love my children and got laid off (Co.Buy-out) 2 yrs ago and have been unable to get anything remotely CLOSE to what I was making before as a supervisor. I've taken little jobs since, but not enough to keep up. I need my license back. How do I get it back

I'm in California. I have no problem paying support. I believe in handling my responsibilities. I love all my children. Its just for once in my life, I going thru some issues, and now its like "lets get him!" i have always been consistent. i have to have my license

Answer 1

You might be able to petition the court, citing hardship, and that by removing your license, that you can definitely NOT get a better job , or a better paying one, due to travel restrictions. This is generally senseless court interference by vindictiveness, I can't believe they'd take away a license and then expect you to do better. Of course, there may be extenuating circumstances, such as you're a dirtbag and child molester, but I have no knowledge of that, so will assume you're an upstanding citizen ( presumed innocent ). You may need a lawyer to help you, again need to petition the court that by imposing that on you, it restricts your job choices, and gives companies reason to doubt you could be reliable getting to work. Good luck, sounds like you need it.

- The Gremlin Guy -

Answer 2

First things first, once you lost your job you should have immediately filed a modification for child support. Secondly, you must get a job. The courts are not going to let you off simply because you can't find a job. There is a term called "voluntarily impoverished" and that is technically what you are doing. By staying at home watching your other children 3 days a week you are cutting into critical time to be on the job search. Your other children deserve your support regardless of what the mother chooses to spend it on. Her financial backing is none of your concern, go to court and hope that they have mercy on you. As for your license, you can get a release to work, but must have your working schedule in the car with you.

Answer 3

You need to speak to a family law attorney in your state. The state procedure in every state differs. Family law attorneys should be available free through county resources.

You also need to try to set up a hearing to have your visitation rights reviewed and to file for a change of circumstances with regard to your child support payments. If your circumstances have changed and you never told the court, then how are they supposed to work with you?

If you are ACTUALLY making money under the table and not reporting it, then pay up. If your wife is actually gambling money for the kids away, you need to get proof and bring it to the attention of the court.

SPEAK TO A LAWYER. Ask for a pro bono attorney to help you out, since you are on unemployed status. Also ask about setting aside unemployment benefits to pay some of the debt off. As long as they get good faith efforts from you, it is likely the DA will get something that can allow him to return the license, even with a "to work only" restriction.

Running away from the problem will never solve it.

Answer 4

return to family court and petition. you can show good faith by making a small payment and obtain a downward modification. there is something called a poverty order for those who are unemployed with a maximum of $25 per month to pay. it all depends on the amount of arrears you owe and how long it was since your last payment. Child support is not based on how much teh mother can afford, she could be a millionnaire and you still would be required to pay, it;s the law. AS for teh son you have never seen regardless of whether you pay child support or not you have visitation rights. get a downward modification with a poverty oder make sure the judge understands it is temporary until you secure employment, a minimal payment should stop teh income execution and whatever else enforcement they have on you. It would help though if you were telling us what state you live in, I am basing my answer on NY law.

Answer 5

I only have one thing to day..... it does not matter what your ex spends the money on. You and she had a child together and she is left with the task of raising the child because you cannot afford her. Is that right?

Well, wouldn't that be nice if the world was a place that if you decide that you cannot afford a child you can just stop taking care of it and feeding it.

So tell me if I have this right. You have four children and you are not supporting any of them......... You ex and your present wife are taking care of 3 that you went into detail about but you also mentioned a son that you have never seen.

Wouldn't a job flipping burgers be better than no money at all.
I am just trying to find out where you turned in to the victim and the ex and children turned in to the bad guys......

Answer 6

You file a motion in court and have the amount reduced. At 17 her support will end. If you don't ask for a change because of your unemployment, the court isn't going to take it upon itself. Fill out a Financial affidavit and attach it to your motion to reduce the payment.

Someone had to send MV something, so you are going to have to get that rescinded!

Answer 7

There isnt much you can do in child support cases, my dad is going through the same thing with my little brother.
Good news for you though when shes 18 you dont have to pay anymore (at least in texas you don't)

Answer 8

The judge will give you a license that is good to go to and from work. You will have to either pay or make payment arrangements before you can get it back.

Answer 9

Check out a book at the library that shows you how to represent yourself in court, file a motion with the courts to reopen your case, let the judge know your circumstances, and maybe he'll change his ruling

Answer 10

Call Legal Aid

Get your child support fees dropped down

Since she makes far more than you - you can get it reduced

Then get a job (stable one)