Ex Spouse Getting License Suspended and Levy on Accounts

Updated on June 28, 2011
L.C. asks from San Lorenzo, CA
7 answers

Hi Moms. I was just wondering how things work now...

I had received a phone call from Child Support Services that the noncustodial parent is over $6000 in arrears and he has not responded to any correspondences or phone calls by them. The case worker notified me that he should be calling soon because his license will be suspended and a levy is out.

I don't know if I'm asking a question or just venting out. If his license is suspended...would it be a good idea for him to pick up our boys up, etc? I know that if his license is suspended..he would still drive, but I think that puts my boys in a bad situation? Thoughts, please? Thank you.

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G.B.

answers from Oklahoma City on

You can't disobey a court order. Call him and tell him you gt a letter informing you that his license has been suspended. Ask him if he is still getting kids and how he is going to transport them.

Even if he shows up driving himself there is a court order telling you it is his time and you must obey the court order. You can, however, call the police and notify them that he is driving without a license and that he just left your home driving. It would get him a ticket, that's all, unless he has warrants out on him. I know about this due to a parent picking up a child from child care and I suspected they were drunk. I could not keep that child from going with their parent buy I did call the police. That was endangerment, this would not be endangerment. Just a ticket and a fine.

He can always claim he didn't know it was suspended. I am sure he would not be putting the children in danger. It's not like it was suspended for drinking and driving or some other dangerous thing.

We always get a phone call when stuff like this happens too and there is NO animosity between us and the grand-kids dads.

They will take his income tax refund and garnish his wages when he is working if his employer is compliant with the process of sending the child support in before he gets paid. My grand daughter's dad worked for an employer who held it out but didn't have the computer sense God gives a 2 year old. The employer kept forgetting or messing up and ended up loosing his long time business for not paying.

Keep your self in compliance with the court order, maybe call your attorney or the court clerks office and ask specifically about this issue.

2 moms found this helpful
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R.J.

answers from Seattle on

You need to call your attorney and chat her up as to what you should do/ how you should proceed since...

1) If he comes to pick them up in the car, and gets pulled over, your children will go to social services EITHER until they can get in contact with you OR until his 'time' is up (because they will be arresting him). In some cases the point can be made legally that since you KNEW, and allowed them to go anyway while your husband was breaking the law, that your custody should be revoked/limited (aka worse than if you were the one with the suspended license). However, if he picks them up NOT driving (cab, bus, friend driving) and then drives with them out of your sight, you've made a good faith legal effort, and are not responsible for his actions out of your sight.

2) Denying him seeing his children can be a major no-no and mess with your own custody (aka grounds to have it removed, just as the above)

aka: Lose/Lose situation for you if you don't have your legal i's dotted and t's crossed ahead of time.

1 mom found this helpful
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A.P.

answers from San Francisco on

Ideally no he shouldn't be driving without a license but it will fall on him. If he gets caught he'll have to deal with the consequences. Calling the police is only going to cause more drama, not to mention your KIDS WILL WITNESS all of that. Is that what you want to put your kids through? What will most likely happen is that they will ask you to transport your kids to his location. By the way your kids cannot be taken from you if you let them ride with an unlicensed driver. In CA mother is always favored unless your on drugs & it's affecting your ability to care your kids, it has to be something severe. I would just try talking to him first. Let him the info you were given and tell him you know he doesn't have a license and see if other arrangements can be made first. Other parents who suddenly urge to call police right away or do something that can have negative effects on your kids are people who love drama & whose kids probably have serious issues. Try just talking to him first before the kaos comes. best of luck with it.

1 mom found this helpful
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S.C.

answers from Sacramento on

If your license is suspended then your auto insurance is also void. There is not a policy out there that covers someone driving on a suspended license. If he were to get in an accident with your children in the car there would be no insurance. I can not imagine he will be able to afford the ticket/fine for driving without a license if he cannot afford to pay child support. Do yourself a favor and just drop the kids off at his house and pick them up. Their safety is most important.

1 mom found this helpful
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T.V.

answers from San Francisco on

Your children's father should not be driving without a license or insurance when he picks them up. However, a license suspension does not affect the visitation order. As long as the driver has a valid license and insurance their father can take them for usual visits.

I don't know why the case worker says he should be calling you, unless she was warning you. Is your former husband prone to violence? Sounds like you may need a third party intervention here. You have a right to know that your children are safe.

Blessings....

1 mom found this helpful

K.L.

answers from Redding on

If you knowingly let your kids ride with a person who doesnt have a license then you could be in trouble and your kids could be taken away. You should call your divorce attorney, or Child/Family services to ask how it works. If he is working, and not paying, you need to have them set up his paychecks to deduct and send child support straight to you. Since you are in Ca, I do believe it is standard now for all child support cases. If he isnt working and has no income, then there isnt any child support for you, but it is still being added up and he owes it all. Once it gets to a certain ammount they can have him arrested or take his license. Sometimes that is enough to get them back on track and find a job and start paying. But as long as he has no licenses, you shouldnt let him take the kids while he drives. If you really suspect he will continue to drive, you can call he police and let them know. He is putting your kids in danger of foster care and you are just as guilty if you know, and allow it. Crappy isnt it..

1 mom found this helpful
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J.C.

answers from Rockford on

Yikes, do not let them go with him if he is driving and you know his license is suspended! Tell him they will not be going with him unless he has another driver who is licensed to drive. He is still legally entitled to his usual visitation, but he cannot be the driver for sure. It's his own doing so I hope he does not take it out on you or the kids.

1 mom found this helpful
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