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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27619
Experience:  Attorney with experience in family law.
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Lucy, I was successful with registration of my child support

Customer Question

For Lucy only:Lucy, I was successful with registration of my child support order and Income withholding order into the obligor's state of residence. I am not working with CSED until the trial is completed for our case. How do I go about getting his recreational licenses, and drivers license suspended now? I am in the state of Florida/ He is in the state of Montana. I looked in the statutes, and it states that with the obligee's request that the clerk may issue a notice (as he is to pay through the state disbursement unit), but when I called the clerk, she said she could not do this since he lives in another state....
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.

Good morning,

Call the Department of Justice's Motor Vehicles division and ask if they'll suspend his driver's license with an Order of Contempt from the judge (ordering license suspension) or if you have to go through CESD. Their phone and fax numbers on listed here:

https://dojmt.gov/about/contact-us/

You may be able to file a Motion for Contempt, noting how little he has paid and how much he owes, and asking the judge to order that these licenses be suspended. But you want to make sure that the Department of Justice will enforce that before you spend the time and money to get the order. They may tell you that you have to go through CESD, in which case you'd want to talk to someone there.

Customer: replied 10 months ago.
I went to my Florida disbursement unit and they said they can only suspend licenses that are from this state- not another state. I reviewed the laws for the uniform interstate family support act and they say that I can request an income withholding order. I have one now but payments are directed to Florida and thus my hands are tied with the drivers license suspension process. I spoke with Montana DMV and they were of no help.This is just a theory but would it make sense to try to have Montana disbursement unit take over payments and have them sent to me? Then they would be able to see when he was delinquent and take he measures that they would normally take to suspend license?My hands are tied with getting CSED involved until after the trial here as they wont take a case that is pending modification in the court....
Expert:  Lucy, Esq. replied 10 months ago.

Yes, if you can get Montana to take over the payments, then Montana can suspend his license. But unfortunately, it sounds like you don't have any way of doing that until after the trial. It's true that Florida can't suspend a Montana driver's license. They could suspend his ability to drive IN Florida, but that's not going to hurt him much.