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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16444
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I am unemployed and without assets or the ability to borrow

Customer Question

I am unemployed and without assets or the ability to borrow money and so have fallen behind in child support payments. I have been actively sending out resumes but thus far have not found work. I have now received a notice of drivers license suspension from the Maryland motor vehicles (final date: 9/30). I do not have public transportation available where I live, and so this will make the process of finding a job nearly impossible. Is there really nothing I can do to keep this nightmare from getting worse? No injunction based on my good faith efforts to find work?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Once your lost your employment and started to fall behind, did you ever file a motion with the court to reduce/modify your payments?
Customer: replied 1 year ago.

I filed a motion to modify child support on 12/21/12 (while I was employed), but it has never been addressed by the Court. It was after only 60 days of being behind that the current action was initiated by Social Services.

Expert:  LegalKnowledge replied 1 year ago.
Dan, thank you for the additional information. If the motion was never addressed by the court, it was likely a result of it needing to be set for hearing and brought before the Judge. Typically, after it is filed, copies are sent to all parties and the moving party needs to place it on the Judges calendar/docket to be heard. It is not uncommon for the State to take action and suspend your license but in a situation like this, you need to see if they would allow you to make partial or reduced payments, to prevent the suspension from happening. They assume that even though you are out of work, you can still collect unemployment, as you need to have some source of income for your basic needs and every day living. You still have to pay rent, water, utilities, food, etc, so they want to know where that money is coming from and why you cant make any payments. The State would expect you to ride a bike, walk or obtain a ride from a friend or family member, to the nearest source of public transportation, even if it is not directly by your or easily accessible. You can demonstrate and show them your efforts to find work and explain that your unemployment was not a result of your own actions but company payoffs and hope that those mitigating factors will show a hardship. However, it is important to remember that the way the State sees it, is that the obligation to support the child financially falls with you and if the child was living with you and in your care and custody, you would have to find a way to care for them. In addition, the cost should not fall solely on the other parent for the previous two months and until you are able to work and get caught up. It is truly a hard position to be in but the State can and does suspended licenses and uses that to motivate a parent to start paying and trying to be come current on their support. The best thing to do at this time is suggest partial payments until you are employed and use some of your unemployment, if you are receiving it to pay.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16444
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much for your comprehensive and helpful response.

Expert:  LegalKnowledge replied 1 year ago.
You are welcome and I wish you the best of luck with a resolution to this, as I know it is hard.

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