Parents who do not pay their Illinois child support face having their driver’s license suspended under the Deadbeats Don’t Drive law. Action may be taken against the parent when they are a minimum of 90 days behind in their child support payments.
There are two Illinois systems which can order a parent’s license suspended for failing to pay. The first system is the family courts and the second system is the Illinois Department of Healthcare and Family Services (DHFS).
When the court orders the license suspension, it is usually because the parent owed the child support has filed a motion of contempt. If the judge agrees that the obligor parent is in contempt for failing to pay support, a Record of Non-Payment of Court Ordered Child Support Family Responsibility Law is filled out by the court and sent to the Secretary of State’s office. The Secretary of State’s office then notifies the obligor parent that their driving privileges will be suspended in 60 days. The Secretary of State’s office will cancel the license suspension if they are notified that the parent has paid their child support obligation before the 60 days is up.
The obligor parent may also file a request for an administrative hearing with the Secretary of State’s Office during that 60-day window. Once the license is suspended, it will remain suspended until the Secretary of State’s office is notified by the court that the child support has been paid. The court also has the option of granting the obligor parent a Family Financial Responsibility driving permit which enables them to drive for work or medical reasons.
The second system which has the authority to suspend the license of a parent who fails to pay their child support is DHFS. Under this system, a finding of contempt by the court is not necessary. Instead, when a parent has fallen at least 90 days behind, DHFS sends the notification to the Secretary of State’s office to suspend the delinquent parent’s driving privileges. Once the Secretary of State’s office is notified, the process is the same as court-ordered suspension. The obligor is given a 60-day suspension notification and has the right to request an administrative hearing. DHFS also has the authority to grant a Family Financial Responsibility driving permit.
Contact an Illinois Child Support Attorney
Although the legal remedies may appear straightforward, it can be frustrating and overwhelming for a parent who is owed child support to attempt to collect themselves. Many deadbeat parents are adept at manipulating the legal system when it comes to avoiding paying their child support obligations. That is why it is important to have an experienced Orland Park child support attorney on your side. Call 708-518-8200 to get the help you need with getting the child support that you and your child deserve.