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October 2005 |
Question:
I have three small
children and I rely on child support from their father to provide for
them. Unfortunately, he does not always pay me the support that is due.
Is there anything I can do to ensure that I get support payments?
Answer:
According to F.S. s. 61.13016, at the request of the custodial parent, the Clerk of the Court may suspend a non-custodial parent’s Florida driver’s license when child support payments become delinquent. The Clerk’s Office can only request license suspension on Private Cases, DOR handles IV-D cases.
For the custodial parent to qualify for this program he or she must have:
1. An order for child support in the State of Florida payable in your county;
2. He or she must not be under contract with the Department of Revenue
3. The non-custodial parent must be at least 15 days delinquent; and
4. The non-custodial parent must have a valid Florida driver’s license.
The custodial parent must provide the following information regarding the non-custodial parent to the Clerk’s office in order to perform this enforcement action:
· Date of birth
· Social Security Number
· Last known address
· A written request asking for the license to be suspended due to delinquency
The Clerk’s office will then send a “Notice of Intent to Suspend Driver’s License” through the United States Postal Service to the non-custodial parent. Upon receiving the notice, the non-custodial parent has three options in order to avoid the license suspension:
1. Pay the delinquency in full.
2. Enter into a written agreement for the repayment of the delinquency with the custodial parent.
3. File a “Notice to Contest Driver’s License Suspension” if there is a disagreement regarding the amount or if there is a claim of mistaken identity.
If the non-custodial parent does not respond and 20 days have passed from the date of the notice, the Clerk’s office will mail a request to the Florida Department of Highway Safety and Motor Vehicle to suspend the non-custodial parent’s driver’s license. The license cannot be reinstated until the custodial and non-custodial parents enter into a written agreement or the delinquency, with applicable fees, is paid in full.
In Manatee County,
the Clerk’s office also administers the Child Support Enforcement Program
(CSE), which provides full services to custodial parents who contract
for services. CSE uses driver’s license suspension as an enforcement tool
and they also have many other enforcement remedies. There is currently
a $25 application fee, which will be waived beginning October 1, 2005.
For more information on full CSE services, call 941-741-4039.