NY child support laws, can parent lose drivers license for non payment of child support in NY state
Lyons, NY
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Posted about 1 year ago in Child Support
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Child support payments:
One of our employees has been informed by DMV he will be losing his driver license for non-payment of child support. He currently pays support thru another county (county 1) to the legal guardian. We have not received notification from the other county (county 2) that money should be withheld. County 2 is the one getting the license revoked. Can two different counties require custody support for the same child when the child isn't living in one of the counties? Legal custodian is in county 1. The mother lives in county 2 and has been in and out of jail & rehab.
Originally support payments went to county 2. County 2 does not show up for court dates and the case has been dismissed several times, but they are the ones trying to revoke the driver license. Can they do this? Also, can the child keep switching where he lives anytime he wants to (he's 16), or should he be living where the legal guardian is? It seems like they would be getting double payment if both counties are requiring child support payments, but only one would is actually supporting him. - Is this your question? Add additional information Answers (1)Alexander Korotkin
This attorney is licensed in New York.
Posted about 1 year ago.
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It sounds like there is a significant problem with the CSEU. If the child is not residing with the mother, then she is not entitled to child support. Generally, a driver's license will be suspended if there are significant child support arrears, however, there obviously has to be a current child support order under which the arrears accumulate. I would suggest meeting with an attorney to review all of the paperwork related to this situation. While the child at this age can decide where he wants to live, the child support should be paid only to one person.
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