Legal Question in Family Law in New Mexico

Child Support Enforcement Law Limits

Can the new mexico child support division susspend my Colorado drivers license,because I fell 3 months behind in my payments,wich they are now taking 50% of my income to pay for,when my job requires a drivers license.


Asked on 3/08/02, 3:55 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Child Support Enforcement Law Limits

NM Child Support Division does not take drivers license. The drivers license is suspended by the NM Motor Vehicle Division. The motor vehicle Division (MVD) gets their information from the child support enforcement division. When they suspend someone's license it is usually based upon at least 2 factors. (1) The parent has accumulated a past due arreage; i.e., the parent has failed to pay the child support the court ordered that parent to pay; and (2) that parent is at least 3 months and at least $1,000.00 in the hole.

So, if they have suspended your license what you need to do is contact them and try and make a deal. Usually, and depending on circumstances, if you make some effort to resolve your situation they (the child support people) will work with you. However, on your side that means that (a) you have to come up with some money and (b) you have to agree to pay your child support each and every month. If you don't do that you will be - how do they say - out of luck.

You may want to bring the argument that if you loose your job because you NEED your license then you won't be able to pay child support; but they will counter that argument with the other side that says, "so what, you weren't paying your child support in the first place." The bottom line here is that you HAVE to pay your child support. So, go call them and apologize and do what you can to make a deal and get things back on track.

Give them a call and. . . good luck.

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Answered on 3/08/02, 4:52 pm


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