Legal Question in Credit and Debt Law in California

I recieve social security disability and they take out payment every for back child support not they are telling me they are revoking my drivers license because they say i am behind in my support. the amount is what the court ordered for payment do i have any recourse


Asked on 4/13/10, 6:03 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The State can revoke your driver's license for failure to pay child support. The only thing you can do to get your license back is repay the debt, or make arrangements with the enforcement agency to setup a repayment plan and agree to release the driver's license suspension. You will find that there are a lot more adverse actions that the enforcement agency collecting child support can take, including tax refund interception, suspension/denial of professional licenses, denial of essentially any public benefits, and the list goes on.

What you should have done is paid it when you had the income to do so, and when you became disabled, you should have immediately sought to have your child support amount reduced, or eliminated in the family law Court. Waiting until it's too the point of enforcement, interception of SSDI benefits and suspension of your license is almost certainly too late.

One option might be to hire a family law attorney, and see if you can go into the family law court and have the judge restore your license, and perhaps reduce the amount you owe based upon your disability and when it first reduced your income. This is going to be costly, as almost no family law attorneys work for free. You may wish to repost this question in the family law section. The point of this post and my response - don't wait to deal with these things until they mushroom out of control. You should have dealt with this long ago.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 4/21/10, 10:49 am


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