• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

CA/NE - Roadmap to have obligor's DL suspended/revoked?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA (me) and NE (her)

Well folks, it's my turn :)

As most of you know, my ex owes me a considerable sum of child support. All of it is past-due, as my children are all in their early twenties now. The amount is >$165k (woohoo, a car and a plane!) The orders are out of California and were initiated by the child support agency on my behalf. It's all due to me, none to the state.

While browsing today, I found a site that allowed me to check the driver license status for Nebraska and I found that her license in NE shows as valid with no restrictions. This is surprising to me since I was told that California had requested a license hold...go figure.

At this point, I'm trying to figure out a basic road-map of how to go about getting her license revoked due to her failure to pay the child support. I assume that I will need to work with NE to have the order entered their before they will act on it. Thoughts?


Thanks!
 


Silverplum

Senior Member
You've been here, I suppose: http://cssd.lacounty.gov/wps/portal/cssd/parents/info/?current=true&urile=wcm:path:/CSSD+Content/CSSD+Site/CSSD+Home/Detail+Content/Parents+Caretakers-Child+Support+Process-Enforcing+a+Court+Order

And this is where a person in NE would be going to get a license reinstated -- I wonder if they can help with getting it pulled?
Nebraska Department of Motor Vehicles
Financial Responsibility Division
301 Centennial Mall South
P.O. Box 94877
Lincoln, Nebraska 68509-4877
 

Zigner

Senior Member, Non-Attorney
You've been here, I suppose: http://cssd.lacounty.gov/wps/portal/cssd/parents/info/?current=true&urile=wcm:path:/CSSD+Content/CSSD+Site/CSSD+Home/Detail+Content/Parents+Caretakers-Child+Support+Process-Enforcing+a+Court+Order

And this is where a person in NE would be going to get a license reinstated -- I wonder if they can help with getting it pulled?
Nebraska Department of Motor Vehicles
Financial Responsibility Division
301 Centennial Mall South
P.O. Box 94877
Lincoln, Nebraska 68509-4877
Thanks for the starting points - I'll keep folks updated as things progress, or as they don't, whatever the case may be :)
 

Zigner

Senior Member, Non-Attorney
You've been here, I suppose: http://cssd.lacounty.gov/wps/portal/cssd/parents/info/?current=true&urile=wcm:path:/CSSD+Content/CSSD+Site/CSSD+Home/Detail+Content/Parents+Caretakers-Child+Support+Process-Enforcing+a+Court+Order

And this is where a person in NE would be going to get a license reinstated -- I wonder if they can help with getting it pulled?
Nebraska Department of Motor Vehicles
Financial Responsibility Division
301 Centennial Mall South
P.O. Box 94877
Lincoln, Nebraska 68509-4877
DMV seems to indicate that the quest begins with the Dept of Health and Human Services - I'll be on the phone with them in the morning :)
 

Silverplum

Senior Member
More google-iciousness for our Zig:

http://www.dmv.nebraska.gov/frd/susprev/sup.html

Every kind of license can be suspended: http://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx

NE is, by law, supposed to take action "immediately" according to this, with law cites leading you around to more info: http://nebraskalegislature.gov/laws/statutes.php?statute=43-512.01&print=true

Here's something else of interest, in that it assigns action to Human Services: "Upon written or other notification from the department or from another state of such assignment of child, spousal, or other support payments, the State Disbursement Unit shall transmit the support payments received to the department or the other state without the requirement of a subsequent order by the court. The State Disbursement Unit shall continue to transmit the support payments for as long as the payments, aid, or assistance listed in subsection (1) of this section continues."
http://nebraskalegislature.gov/laws/statutes.php?statute=43-512.07&print=true
 
Just out of curiosity Zigner...how did she get away with failing to pay 165k in CS? I'm just wondering. Is this support payments from your children's entire lives or a couple years from an obligor who has very high income?
 

Ladyback1

Senior Member
Just out of curiosity Zigner...how did she get away with failing to pay 165k in CS? I'm just wondering. Is this support payments from your children's entire lives or a couple years from an obligor who has very high income?
The hows and whys aren't all that important. If someone does not want to pay child support, they will find away to get around paying. Some people just don't understand or think that the money is going to support their children.
 

Zigner

Senior Member, Non-Attorney
Just out of curiosity Zigner...how did she get away with failing to pay 165k in CS? I'm just wondering. Is this support payments from your children's entire lives or a couple years from an obligor who has very high income?
Three kids and no payments for their entire lives. She would leech off people and have "undocumented" income, not to mention various drug-related arrests and jail/prison stays. She's a peach. At one point I had offered to forgive *all* arrears (about $60k at the time) if she even sent $10 - she never did.

I didn't have the opportunity to contact folks on Thursday/Friday, but I'll give it a try early this week.
 
I know the hows and whys aren't important. But it is interesting to see how these cases are handled from a legal aspect though. Seems like there is no absolute standard, and its interesting to watch how they pursue obligors. Well I wish you much luck and success. Please do keep us updated. I had an Uncle who was the obligor in a similar situation, 100k. He thought he got away with it. They caught up with him around the same time, kids were in their 20s and he is now in jail until he pays at least 20,000.00
 

Zigner

Senior Member, Non-Attorney
Just a quick update (I work on this on a "time available" basis):

I contacted the NE Child Support Customer Service Center. She was able to tell me that I was "in the system" which means that the California folks had been in touch with Nebraska at some point, but Nebraska didn't have a copy of the court order in their system (go figure.) The CS rep. suggested that I should apply for services through the DHHS, but wasn't sure if they would take it on because it is an arrears-only case. Crossing my fingers!
 
Last edited:

torimac

Member
Z- I had a case out of CA and just finally had it transferred to TX. TX contacted NV for enforcement and was told that they do not have 'official orders', meaning a certified copy from the original CA order. I called CA (Contra Costa County) about this. They said that TX had to put in an official request for a certified copy. Once that was done, CA pulled a new certified copy and sent it to TX. TX is currently in the process of sending it to NV.

Now, I know that all of my states and all of your states do not align. But, if NE won't open a new case because it is just arrears, they can still work with CA with regards to enforcement. But NE may have to request a certified copy from CA. I never could get CA to send the copy without a request from TX.
 

Zigner

Senior Member, Non-Attorney
Z- I had a case out of CA and just finally had it transferred to TX. TX contacted NV for enforcement and was told that they do not have 'official orders', meaning a certified copy from the original CA order. I called CA (Contra Costa County) about this. They said that TX had to put in an official request for a certified copy. Once that was done, CA pulled a new certified copy and sent it to TX. TX is currently in the process of sending it to NV.

Now, I know that all of my states and all of your states do not align. But, if NE won't open a new case because it is just arrears, they can still work with CA with regards to enforcement. But NE may have to request a certified copy from CA. I never could get CA to send the copy without a request from TX.
The problem is that CA agency is no longer involved. They bowed out after the last kid hit 18 (there is no state aid being recovered.) Now it's on me to track down the orders and send them off with my application for services. I'm just frustrated that California spent several years saying they were working with NE on this matter, but now I come to find out that they (CA) never even sent a copy of the orders.

ETA: Thank you for sharing this Tori - it's good info that I need a certified copy, not just a copy.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top