On August 14th, 2019, the office of New York Governor Andrew Cuomo released a statement announcing that a state program that allows for the suspension of driving privileges for failure to pay child support is being extended for two more years. As the legislation has now been signed by Governor Cuomo, this program will run until at least August 31st, 2021.
New York Authorities Can Identify Child Support Delinquency
Many states across the country allow for the suspension of a driver’s license on the grounds of unpaid child support. What makes the New York program different is that state authorities are proactive in identifying child support delinquency. In signing a bill that extends this law, Governor Cuomo noted that the program has been highly successful in enforcing child support obligations.
New York Will Notify Drivers Before Suspension
Under New York law, a driver who is at risk of having their license suspended for unpaid child support will receive written notification. Among other things, the notification will explain that the person may have their license suspended in the near future and that they can rectify the issue by making child support payments.
Disputes are Handled by the New York Office of Temporary and Disability Assistance (OTDA)
While the Department of Motor Vehicles is the agency that has the power to suspend a driver’s license, the DMV does not handle child support matters or dispute. Instead, the DMV simply follows guidance from the OTDA.
As explained by Syracuse, NY child support lawyer Richard J. Bombardo, “New York drivers who are subject to a license suspension for unpaid child support must address any issues with their local child support agency or with the OTDA directly. These are the agencies that determine whether or not a parent is ‘delinquent’ in their child support obligation. For parents who cannot make payments due to their financial circumstances, there may be options available to avoid any suspension.”
Restricted Driver’s Licenses May Be Available for Affected Parents
Under New York law, a parent who has had their driving privileges suspended for unpaid child support may be eligible to obtain a temporary, hardship license while the matter is being resolved. In general, these licenses can only be used for a limited purpose. As an example, a New York driver who has had their license suspended for past due child support could be granted a temporary license to drive to and from their place of employment.
Contact Richard Bombardo to discuss your case today.