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Resolving Driver’s License Suspension for Failing to Pay Child Support

Posted on in Driver's License Reinstatement

Huntley drivers license reinstatement attorney

In Illinois, most reasons for driver’s license suspension are connected to traffic violations and criminal charges related to driving. However, according to the Family Financial Responsibility Act, a person’s driver’s license can also be suspended for failing to pay court-ordered child support, or for abusing parenting time or visitation. If you are facing a suspension of your license for one of these reasons, it is important to understand how you may be able to avoid the suspension or get your license back.

When Can a Parent’s Driver’s License Be Suspended?

In Illinois, when a parent has been delinquent on child support payments for at least 90 days, the Illinois Department of Healthcare and Family Services (DHFS) or a circuit court with jurisdiction over the case can notify the Illinois Secretary of State’s office to initiate a driver’s license suspension for the delinquent parent. A court can also notify the office of the Secretary of State to begin the process of suspending the driver’s license of a parent who has been adjudicated to be in violation of a visitation or parenting time order.

If you are facing a pending suspension for violating a child support or visitation order, you will be notified by the Secretary of State’s office 60 days in advance of the suspension start date. During this time, you can request an administrative hearing to contest the suspension, and you may be able to prevent the suspension by ensuring that you are in compliance with the order in question, such as by becoming current on your child support payments. However, if you are not in compliance by the scheduled start date, your license can be suspended indefinitely.

Getting Your License Back

Unlike other types of driver’s license suspensions in Illinois, a suspension for violating a child support or visitation order does not have a specified length of time. Rather, it will continue for as long as you are delinquent on payments or in violation of the order. To end your suspension and have your driving privileges reinstated, you will need to demonstrate to the court or the DHFS that you are in compliance with the order, at which point they will notify or file a form with the Secretary of State’s office indicating that the suspension should terminate.

It is important to note that you may be able to obtain a Family Financial Responsibility Permit (FFRP) that allows you to drive for restricted purposes, including for work, medical reasons, or to transport your children, during your suspension. An attorney can help you make the case for such a permit in order to avoid excessive hardship.

Contact a Cook County Driver’s License Reinstatement Attorney

Given the unique nature of a driver’s license suspension for failing to pay child support, it is important that you work with an experienced attorney who can help you keep or restore your driving privileges. To schedule a free consultation with a knowledgeable Barrington driver’s license suspension lawyer, call the distinguished law firm Botto Gilbert Lancaster today at 779-800-2250.

 

Sources:

https://www.cyberdriveillinois.com/departments/drivers/deadbeats.html

https://www.ilga.gov/commission/jcar/admincode/092/092010700001100R.html

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-702

 

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