Anderson & Boback Logo

Failure to Pay Child Support Could Mean Suspended Driver’s License

Categorized as Child Support

A relatively underutilized law allows Courts to suspend the driver’s license privileges of child support obligors who fail to meet their obligations. Common misconceptions about the law are that in order to suspend the license privileges there must first be a court finding of contempt against the payor and, once the payor’s license is suspended, he or she cannot drive at all (importantly, to work).

Section 505(b) of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) and the corresponding provisions of the Illinois Parentage Act (“IPA”) of 1984 (750 ILCS 45/15) each provide:

The court may also order in cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, that the parent’s Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support.

The statutes go on to reference the Illinois Vehicle Code and state that the Court may also order the parent to be issued a family responsibility driving permit that would allow limited driving privileges for employment and medical purposes.

While the parent receiving child support may be reluctant to take any measures that may interfere with the payor’s ability to earn income, this remedy may be a viable option to discuss with your counsel depending on the circumstances. If your license has been suspended due to an alleged failure to pay support, it is critical to know that you can seek a permit to continue driving to your place of employment.

Was this information helpful?

You May Also Like

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

Unfortunately, there are many negative connotations when it comes to the word “divorce.” Maybe you have personally went through a divorce in the past or maybe you know someone who has. When people think of divorce, it is not uncommon…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870