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Loss Of Florida Driver's Liscense

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MK Lady

Junior Member
What is the name of your state? Florida
This is rather complicated so I apologize in advance. My daughter is engaged to marry the man she has a five year old child with. He has made a lot of mistakes in the past, but I have seen a huge change in him over the last year . He really wants to do the right thing. He was married several years ago to a woman who had a child during their marriage. They were divorced after a couple of years. A few years ago he learned information that he has always suspected, but now believes to be 95% sure of. The child who was born into that marriage is not his. After the divorce, and after my daughter had her son, the ex-wife went to court to get child support raised. In court she lied by claiming that her child was his only child. She also used pay stubs from a job he had not held for 7 months because she got him fired for constantly calling him at work. In fact she managed to get him fired from 3 jobs. Subsequently he could not pay child support and eventually lost his driver's liscense. He will be the first to admit that he got himself into this mess.

He hired an attorney 18 months ago to settle the child support issue with his ex and get his liscense back, and was told by the attorney it would be taken care of in about 2 weeks. Eighteen months later it is still not done and the attorney just wants more money.

He has tried everything he can think of to come to some sort of agreement with the ex, but one day she will agree to something and the next she won't. In the meantime he can't find a job, because he needs a liscense to go to interviews and get back and forth to work.

Understand, please, that this child is most likely not even his, but he wants to be his father because he loves him and this is the only father the boy has known. He also wants to support him, but can't without a job. She also won't let him see the boy as she was ordered to in the custody agreement.

The question is this. Is there any type of emergency order that he could get to be able to get a liscense, even if it came with restrictions such as, he has to make payments on time? He wants to make the payments, but also needs them lowered to a reasonable amount. He is willing to begin making payments on the back child support also. He can't do any of this without a liscense. The state of Florida wants the child to be supported, but makes it impossible when they take driver's liscenses away. He not only can't support that child, but can't help to support the child he has with my daughter nor her when they marry. He and my daughter are at the end of their rope with frustration. That is why I was looking on my own for any help and found this sight. It is a viscious circle: no liscense, no job, no child support, no liscense. How can a person who wants to do the right thing get help, since he can not afford to pay a lawyer any more money? PLEASE ANYONE?
 


Gracie3787

Senior Member
MK Lady said:
What is the name of your state? Florida
This is rather complicated so I apologize in advance. My daughter is engaged to marry the man she has a five year old child with. He has made a lot of mistakes in the past, but I have seen a huge change in him over the last year . He really wants to do the right thing. He was married several years ago to a woman who had a child during their marriage. They were divorced after a couple of years. A few years ago he learned information that he has always suspected, but now believes to be 95% sure of. The child who was born into that marriage is not his. After the divorce, and after my daughter had her son, the ex-wife went to court to get child support raised. In court she lied by claiming that her child was his only child. She also used pay stubs from a job he had not held for 7 months because she got him fired for constantly calling him at work. In fact she managed to get him fired from 3 jobs. Subsequently he could not pay child support and eventually lost his driver's liscense. He will be the first to admit that he got himself into this mess.

He hired an attorney 18 months ago to settle the child support issue with his ex and get his liscense back, and was told by the attorney it would be taken care of in about 2 weeks. Eighteen months later it is still not done and the attorney just wants more money.

He has tried everything he can think of to come to some sort of agreement with the ex, but one day she will agree to something and the next she won't. In the meantime he can't find a job, because he needs a liscense to go to interviews and get back and forth to work.

Understand, please, that this child is most likely not even his, but he wants to be his father because he loves him and this is the only father the boy has known. He also wants to support him, but can't without a job. She also won't let him see the boy as she was ordered to in the custody agreement.

The question is this. Is there any type of emergency order that he could get to be able to get a liscense, even if it came with restrictions such as, he has to make payments on time? He wants to make the payments, but also needs them lowered to a reasonable amount. He is willing to begin making payments on the back child support also. He can't do any of this without a liscense. The state of Florida wants the child to be supported, but makes it impossible when they take driver's liscenses away. He not only can't support that child, but can't help to support the child he has with my daughter nor her when they marry. He and my daughter are at the end of their rope with frustration. That is why I was looking on my own for any help and found this sight. It is a viscious circle: no liscense, no job, no child support, no liscense. How can a person who wants to do the right thing get help, since he can not afford to pay a lawyer any more money? PLEASE ANYONE?
Has he spoken to the DOR child support enforcement office about getting his DL back? All he should have to do is go see them, make an agreement with them to pay on-going and some toward arrears, then his DL can be reinstated.

He can also try filing for a modification of the on-going support. I'm assuming that he wasn't in court when they increased the CS, and that's why his ex was able to use old paystubs. Fl. law doesn't allow deductions for subsequent children, although he can have a second job and that income can't be used to determine CS amount. He can file himself, he can go to the courthouse and get the forms to fill out.

I don't know what on earth his attorney has been doing, because it shouldn't take 18 months to get his DL back. Hopefully he won't pay that attorney another dime.
 

MK Lady

Junior Member
To Gracie

By DOR I'm assuming you mean Department of Revenue? He spoke to the child support division in his county and was told he would first have to fire his attorney, which he has already written a letter to him telling him he's fired, then he would have to petition the court to revue the case.Of course the attorney is still billing for the "work" he has done on this case. The attorney also never sent my future son-in-law any copies of letters written or and statements of any work he had done or calls made until he started wanting more money. Suddenly he sends a statement showing everything he has supposedly done. Funny thing is, his own statements show that he would go as much as 6 months in between any correspondece or work on this case.

The advice I mentioned above about petitioning the court himself didn't sound right to me. I spoke to someone in the Fl. Attorney General's office who told me that he should be able to contact the child support division in his county and make arrangements to make payments and get liscense back. That sounds like what you are telling me. Do you think he should contact the FL. Attorney General child support division instead?
 

Gracie3787

Senior Member
MK Lady said:
By DOR I'm assuming you mean Department of Revenue? He spoke to the child support division in his county and was told he would first have to fire his attorney, which he has already written a letter to him telling him he's fired, then he would have to petition the court to revue the case.Of course the attorney is still billing for the "work" he has done on this case. The attorney also never sent my future son-in-law any copies of letters written or and statements of any work he had done or calls made until he started wanting more money. Suddenly he sends a statement showing everything he has supposedly done. Funny thing is, his own statements show that he would go as much as 6 months in between any correspondece or work on this case.

The advice I mentioned above about petitioning the court himself didn't sound right to me. I spoke to someone in the Fl. Attorney General's office who told me that he should be able to contact the child support division in his county and make arrangements to make payments and get liscense back. That sounds like what you are telling me. Do you think he should contact the FL. Attorney General child support division instead?
Yes,yes,yes. He definately needs to go to the Attorney General's office. I don't know what county he's in, but the people at the child support office (Dept. of Revenue) are feeding him a bunch of bull. First, they have absolutely no right to tell him to fire his attorney, and that should be reported to the Attorney General's office. Second, he does NOT have to petition the court to get his DL back. The letter that is sent out to the NCP telling them that thier DL will be suspended includes what to do to prevent suspension AND how to get DL reinstated. For both, the letter states that the NCP can come into thier office to make arrangements to pay arrears.

He needs to contact the Attorney General's office on Monday, they were a huge help in my husband's case, so I'm sure they'll be able to help your future son-in-law also. Good luck, and if you get a chance, please post and let me know how things are going.
Gracie
 

MK Lady

Junior Member
Gracie, I will definitely let you know what we find out. Thank you so much for your information. I surely hope it helps.
 

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