Avoid License Suspension for Overdue Child Support Payments in New Jersey

Your Rights and Options Regarding Child Support License Suspension

A license suspension has been a looming threat for many parents who owe child support for a long time. While it may be an effective deterrent for a parent who might otherwise deliberately choose not to pay, it only serves as a frustrating and terrifying threat for parents whose intentions are good but whose finances are not. For parents who are struggling to survive and living paycheck to paycheck, a license suspension often means even more missed child support payments, plus additional fines and fees they cannot afford. They want to take care of their children, but the missed payment-license suspension cycle just makes their situation even worse.

Fortunately, there are other enforcement options. Additionally, if a parent knows they cannot afford the ordered amount due to job loss or salary decrease, they may be able to request a modification so that they do not continue to get further behind. If you are facing a license suspension due to missed payments, or need to request a child support modification, contact a family law attorney at Bronzino Law Firm today to discuss your child support payment options. You can reach us anytime at  (732) 812-3102 or send us a message.

What Happens When You Fall Behind on Child Support Payments in NJ?

A license suspension may be the most familiar enforcement option, and the most intimidating as it can have such a devastating impact for many parents who have fallen behind on child support payments, but it is not the only option. There are a number of other enforcement options that can be just as effective, if not more so, in helping parents get back on track with child support payments.

These enforcement options include liens against property or assets, interception of state and federal tax refunds and lottery winnings, seizure of lawsuit proceeds, cash, or cash-equivalent assets and bank accounts, and income withholding (directly withholding the child support payment from the parent’s paycheck or other income source), It may also include bench warrants, enforcement hearings, reporting the delinquency to credit bureaus, and passport denials.

What is the Connection Between Delinquent Child Support Payments and License Suspension in NJ?

A child support suspension is the suspension of any driver’s, recreational, or occupational license due to delinquent child support payments. While each state has its own policies regarding license suspensions, New Jersey considers suspending licenses after six months of missed payments. This suspension is temporary and the license is often reinstated once the parent has caught up on their payments. Additionally, suspensions include the denial of a new license to applicants if they are behind six months or more.

Which Licenses Are at Risk for Unpaid Child Support in New Jersey?

New Jersey can suspend a driver’s, recreational, or occupational license for delinquent child support payments. Driver’s licenses tend to be the most commonly suspended, as almost everyone has one. However, recreational licenses such as fishing or hunting licenses may also be suspended. Occupational licenses that allow individuals to work in careers such as accountants, landscape architects, X-ray technologists, and others can also be suspended.

The Legal Change to Remove Automatic Suspensions, But Still Allow for These in Some Cases

While automatic suspensions are not the default any longer, there are still some instances in which an automatic suspension may still occur. One such instance is if a child support-related bench warrant is issued for the parent. These warrants can be issued for failure to appear and failure to pay.

The reasoning behind the change was that automatic license suspensions violated procedural due process and were fundamentally unfair to parents. Parents who are behind on child support should be provided with both notice of the suspension and an opportunity to be heard. For those parents who are not intentionally avoiding their obligations, this can make the difference between being able to catch up and remain current and falling further and further behind.

Specific Steps Before a New Jersey Parent’s License Can Be Suspended for Unpaid Child Support

Before suspending a driver’s, recreational, or professional license for unpaid child support obligations, specific elements must occur. First, the parent must be at least six months behind on payments. Second, they must be sent a notice warning that their license will be suspended 30 days from the postmarked date on the notice. At that point, the parent has two options: pay the amount owed in full or request a hearing. If they pay the amount owed, there will be no suspension.

If the parent requests a hearing, they are given an opportunity to demonstrate that one or more personal hardships have made them unable to pay support. The court may then either go forward with the suspension if the parent has not presented a sound case or they may work with the parent to help them pay what they can and eventually catch up. Having a family law attorney represent them may help parents present a more persuasive case.

Suspended License Due to Child Support? How to Get it Reinstated

Once a parent’s license has been suspended, the first step to getting it reinstated is paying the child support owed. If there are other requirements that must be met, such as providing missing documents or responding to a subpoena, these must be completed as well. Then, the parent must contact the child support agency that is handling their case to request the reinstatement of their license. The child support agency will then work with the court and the licensing agency to reinstate the parent’s license.

Discuss Your Past-Due Child Support Issues with a Toms River Attorney at Our Firm

Child support is an important obligation and most parents recognize their child’s health and well-being is dependent upon those payments. Despite this knowledge and the best of intentions, some parents can still find themselves falling behind. From reduced hours or taking a salary cut reducing income to inflation increasing the prices of food, fuel, and utilities, parents can find their paycheck simply does not cover all of their obligations. If this is the case, a knowledgeable child support lawyer at Bronzino Law Firm may be able to assist you in making arrangements with the court to catch up past-due payments without suspending your license, or helping you collect evidence of personal hardships that inhibit your ability to pay the currently ordered support payments, or request a modification so your payments are more manageable.

If you are behind on child support payments or have recently undergone a significant change in circumstances that will impact your ability to pay going forward, contact our experienced family law attorneys at (732) 812-3102 today to review your legal options. We assist parents with child support concerns throughout Red Bank, Sea Bright, Toms River, Tinton Falls, Eatontown, Freehold, Berkeley, Manasquan, Jackson, and all of Ocean and Monmouth County. Call today for a free consultation.