Child Support defense in New York State is, in my view, a lot like criminal defense. Child Support matters are extremely serious, and for a percentage of people ordered to pay child support, there are real injustices that they face. The most common example is of the person who legitimately loses their job, can no longer pay support at the previous amount ordered, but for one reason or another continues living under a Child Support Order at the old, higher amount. They get behind on payments. They accrue arrears, and then when the correct support amount is finally recalculated, they have so much arrears to pay that they can't get out from under the mountain of debt.
One thing that happens is that they can lose their drivers license. If you are court-ordered to pay child support or alimony, and if you get four months or so behind, the Child Support Enforcement Unit may very well send you a nasty-gram stating that your driving privileges are going to be revoked. You will have an opportunity to fight the revocation, but it isn't easy. It just so happens that, similar to a person facing a DWI charge, a person with a drivers license that has been revoked for non-payment of support can get a restricted use license. This license allows you to drive back and forth to work, back and forth to school, back and forth to medical appointments for you or a family member, or back and forth to your kids' school or daycare. The catch with restricted use licenses is that if you get any sort of traffic violation, the license will be revoked, and it will be years before you are eligible for another restricted use license. If you are facing court proceedings for non-payment of support, you should take it as seriously as a criminal charge, because it really is.
Call The Militello Law Firm - we can help. (585) 485-0025.