Driver's License and Child Support

[yabbadabbadoo]

What is the name of your state? Kansas

This could be the wrong place- so forgive me...

As I understand, in the state of Kansas you can have your driver's license restricted for being $500 in arrears in child support.

Recently, I discovered that a few years back, my ex was in jail for 60 days for getting caught driving without insurance. It was his second time getting caught driving without insurance in less than a 6 month period. I don't know for sure if this meant his license was revoked or not. But he was also in arrears so his license was at least likely restricted. (It also explains a lot as to why he has the second job and has been suddenly consistent with child support when he never was before...)

My question is, in a case like this, does anyone notify the other parent that the non-custodial or non-paying parent now has their license restricted or revoked?

I had no idea that any of this had happened until now and I have no idea if my kids were riding around in car with a man who had a restricted license or even no license, insurance- even registration for that matter.

How can I find for sure if my ex is an insured, licensed or registered driver at all?

I would ask him if I thought he wouldn't get extremely hostile and nasty.

Thank you in advance for any advice offered and I thoroughly apologize if this is in the wrong venue.

 

[moburkes]

No, they don't notify you as it would be violating his privacy. You can bring it up to a judge what you think, and HE can ask...

 

[fairisfair]

they also don't restrict your license for being in arrears. It is either suspended for arrears or it is not.

Personally, if I was concerned, I would ask him. I mean is he normally NOT hostile and nasty???

 

[yabbadabbadoo]

Wow.. suspended, really? That's amazing- doesn't that just make it harder to get to work and pay child support? Oh well- I guess you make that choice when you decide to go driving without insurance not once but TWICE.

How long do they suspend the license for, I wonder? Until the arrearage is paid off?

I can't believe he called CPS on me alleging child endangerment when he KNEW he was tooling around without a license with the kids in the car. I just got my statement and papers together and am filing a harassment charge with the local domestic violence unit Monday. This should be a nice little tidbit to bring up- especially in front of a judge.

Thank you both! So so much!

 

[CourtClerk]

FYI,

My visitation order with my ex states that my son must only be driven around in a currently registered and insured vehicle by a licensed driver. If that's not in yours, you may want to consider having your order modified to state it and have the judge ask him about the status of his license. They can check in the courthouse (you can't but court staff can and report it back to the judge).

I have no idea how prevelant it is in other states, but here in California, that clause is just a check mark on the visitation forms I guess it's gotten so bad. And here, yes, your license is suspended after 30 days of an arrerage.

 

[yabbadabbadoo]

Oh- that's a great idea. I should do that.

Do you know how long a license can be suspended for? Is it until the arrearage is paid off- or can they get it back after a certain period of time with good behavior and on time payments? I mean, not only is my ex way behind (and Kansas has one of the highest interest on child support) but my ex got caught driving twice within a 6 month period without insurance so that alone should have resulted in him losing his license for some period of time. I would like to think getting caught twice with no insurance and the arrearage together should have it revoked indefinitely...

 

[CourtClerk]

Oh- that's a great idea. I should do that.

Do you know how long a license can be suspended for? Is it until the arrearage is paid off- or can they get it back after a certain period of time with good behavior and on time payments? I mean, not only is my ex way behind (and Kansas has one of the highest interest on child support) but my ex got caught driving twice within a 6 month period without insurance so that alone should have resulted in him losing his license for some period of time. I would like to think all of it together should have it revoked indefinitely...

I can't answer the question as to the way it works in Kansas, but in California (where I am) child support suspensions are indefinate as long as there is an arrearage. The child support and the insurance issue (here) would be treated as 2 seperate issues and would result in a suspension on top of a suspension. I believe that driving with no insurance the first time here results in a mandatory 6 month suspension, then (if he were here remember) there would be the support suspension that would still be there if he didn't pay up on his child support.

Granted, NCP's that are behind on their support can always go to court, file an order to show cause and ask the judge to lift the support suspension and it would be at the court's discretion to do so. It usually comes with some kind of an agreement to make a payment towards the arrearage, and to make payment arrangements to get caught up, but if the NCP defaults....here comes the suspension again.

 

[yabbadabbadoo]

Well, that gives me a good general idea about things- so I thank you wholeheartedly!

 

[Ohiogal]

FYI,

My visitation order with my ex states that

my son must only be driven around in a currently registered and insured vehicle by a licensed driver.

If that's not in yours, you may want to consider having your order modified to state it and have the judge ask him about the status of his license. They can check in the courthouse (you can't but court staff can and report it back to the judge).

I have no idea how prevelant it is in other states, but here in California, that clause is just a check mark on the visitation forms I guess it's gotten so bad. And here, yes, your license is suspended after 30 days of an arrerage.

The visitation order does NOT have to say that because that IS THE LAW! ONly licensed drivers are allowed the drive and the vehicle must be currently registered and insured. Your order does NOT have to state the law for the law to govern.

 

[yabbadabbadoo]

I see, then. Thank you very much. This is certainly an interesting web to weave!

 

[CourtClerk]

The visitation order does NOT have to say that because that IS THE LAW! ONly licensed drivers are allowed the drive and the vehicle must be currently registered and insured. Your order does NOT have to state the law for the law to govern.

I agree that it is the law and it does not HAVE to say it, but mine does (also mentions that there must be child restraints, which is also the law)...i just went down the form FL-311 and checked all the things I wanted in the order because unfortunately, in CA, driving without a license and/or without insurance is (for some reason) a common practice around here. Shoot, I even have in there that there is to be no smoking or driking in the child's presence and no intoxicant can be used for 24 hours prior to visitation. Not that he's ever been an alcoholic or a drug abuser, I was just covering my bases for what may happen 15 years down the line...

 

[Ohiogal]

I agree that it is the law and it does not HAVE to say it, but mine does (also mentions that there must be child restraints, which is also the law)...i just went down the form FL-311 and checked all the things I wanted in the order because unfortunately, in CA, driving without a license and/or without insurance is (for some reason) a common practice around here. Shoot, I even have in there that there is to be no smoking or driking in the child's presence and no intoxicant can be used for 24 hours prior to visitation. Not that he's ever been an alcoholic or a drug abuser, I was just covering my bases for what may happen 15 years down the line...

But drinking and smoking are legal. It is different to restrict a legal activity then have to state an illegal activity. Legal activities are assumed to be allowed unless otherwise stated. Illegal activities cannot be made legal by not stating them or even by giving permission in a court order.