Question:
I filed a petition to contest my driver's license suspension on the grounds that I have not enough money to consistently pay my child support. The court date is 5-25-05. What can I expect and what can I do to reasonably protect myself. I do wish to pay but just do not currently make very much.
Answer:
I cannot answer your question as specifically to the laws of Florida as I am not licensed in that State. Generally in an enforcement action the moving party will need to show that you are behind in support. There is often a statutory dollar amount or amount of time that you are behind before they can suspend a license (hunting, driving or even professional license). If they meet their statutory burden, the obligation will then shift to you to show that you could not make the necessary payments. Be aware and ready to discuss any significant purchases that you have made during the time that you are not paying and ready to discuss your income/expenses in detail. If the matter is not going well, be prepared to mitigate the damage and at least get permission to drive to and from work and when you have visitation with the children. Most jurisdictions have a requirement that you willfully failed to pay support. On a separate note, even if you do not have your license suspended, you will still owe the money that is due. You need to consider a Motion to Modify the child support to an amount that you can pay.
