When you think of suspended licenses, you may automatically think about
how too many speeding tickets or a DWI conviction will lead to a driver
license suspension. A DWI conviction can also lead to the denial, cancellation
or revocation of a professional license, especially if it involves healthcare.
What you may not know is that driver licenses and other licenses can be
suspended for an entirely different reason – the failure to pay
child support. All 50 states have statutes that cancel, suspend, restrict, or revoke
various licenses for the failure to pay child support and New York is
no exception. Even a hunting or fishing license can be suspended or revoked
if a non-custodial parent owes too much back-child support.
What Does New York Law Say?
In New York, if a non-custodial parent owes child support arrears equal
to or greater than four months, the following types of licenses can be
suspended or revoked (N.Y. Dom. Rel. Law § 13-244 and N.Y. Soc. Serv.
Law § 6A-111b):
- New York driver licenses
- Business licenses
- Professional licenses
- Occupational licenses
- Recreational licenses
Receiving Notice of an Adverse Action
Once a parent’s arrears have reached four months of past-due child
support and the trigger criteria has been met, due process procedures
will take effect before the parent’s applicable licenses will be
suspended. For example, the parent will be sent notice in the mail about
the delinquency, and the obligor will be given the opportunity to get
current on the arrears, or come up with a payment plan with their local
child support agency.
Can a Father Win Custody in NY?
A lot of states are easing up on their driver license restrictions, specifically
so they can allow parents to continue working so they can pay their child
support obligations in the future. To find out what New York is currently
doing to collect child support arrears and enforce child support orders,
contact Jason M. Barbara & Associates, P.C.