Legal Question in Family Law in New Mexico

Notice to suspend license due to back child support

My friend received a notice to suspend his driver's license due to failure to pay child support. However, he has sent payments in that were never posted to his child support account. I believe that he may have failed to put the case number on the money orders he sent, so that's why they were never posted correctly. However, he did keep the money order receipts and gave child support officials these numbers and they still say that they never received it. What can my friend do to keep from getting his license suspend because of bureacratic policies?


Asked on 8/31/02, 9:44 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Notice to suspend license due to back child support

The easiest option for your friend to exercise is to file a motion and request a hearing at District Court. The people (and computers) at the state agency sometimes make mistakes. However, they will usually try to correct the mistakes if a person can show what appears to be a resonable mistake. The reasonable mistake is that he forgot to put the account number on the money order. The reasonable person who can go into court and show a regular or fairly regular payment history will probably convince a judge when the money order payments without an account number on them fall within a timeperiod where CSED says payments are missing. I am surprised to hear that he can show a payment history and show money orders and the CS legal assistant is not willing to give the credit. However, there could be a variety of reasons why the worker is not or cannot agree to your friend's position.

Filing a motion and asking the court to establish the amount of arrears, if any, is a good way to attack this problem. As a part of the motion ask the court to issue a stay of any suspenion until an arrears amount is established.

Good luck.

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Answered on 8/31/02, 10:48 pm


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