Immediate Help For Florida Restaurant/Hospitality Workers Falling Behind On Child SupportBy DADvocacy™ | March 18, 2020
Because of the global COVID-19 pandemic and the national effort to contain the spread, these coming weeks will be challenging for all of us. We thank our restaurant and hospitality workers for working tirelessly to adapt to the social distancing requirements and closure of many venues to the public. We understand how deeply you may be affected in the coming days. We promise to continue ordering from your food delivery services and to resume patronizing your establishments as soon as we are able.
We at Dadvocacy Law Firm are working to anticipate potential timesharing and child support issues and to disseminate information to help your family. We may not be able to deliver your food, but we are delivering free legal advice to those in the healthcare, hospitality, and restaurant industries impacted by the COVID-19 pandemic. #thanksUberEats #NoDeliveryFees
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The onset of court closures, school closures, telework, social distancing, self-quarantining, etcetera will make quick resolution of timesharing and child support issues difficult. We would like to support our community and ensure that in this time of need our Fathers have all the resources they need to maintain their household as well as the co-parents household.
Child Support Issue #1: Driver License Suspension for Nonpayment
The State Department of Revenue has the legal right to suspend your driver’s license when you are $500.00 or more delinquent in child support. For some people, this is one or two payments. If you are unable to work or working reduced hours due to this pandemic, your employer will not be able to submit your payments to the State Disbursement Unit and it is your responsibility to make direct payments of child support. You can do this online here.
If you cannot or do not timely make your support payments, you may receive a Notice of Intent to Suspend Driver License in the mail. You have 20 days to prevent suspension of your license from the date the letter was sent. If you get a letter of intent to suspend BEFORE they suspend your license, contact us via our online consult request form. We are reviewing consult requests in real time and responding to them as we receive them. You can also e-mail us at email@example.com. Immediately upon receipt of the letter is the best time to contact us, as it will cost you less to prevent your license suspension than to reinstate a suspended license.
If your motion contesting suspension of your driver license is timely filed within the twenty-day time frame the state is not permitted to suspend your license until a hearing is held.
If you cannot afford an attorney, you can file your own motion to prevent suspension of your driver license and we have provided that for you here.
Download our free sample Motion to Prevent Suspension of Driver’s License for Nonpayment of Support and follow these steps to submit it to the Court:
- Complete the Motion as fully as you can. Adapt it to fit your personal circumstances.
- Gather any proof of reduction of income you may have and include it with the motion.
- Create an account at myflcourtaccess.com by selecting self-represented litigant. You can also carry three copies (1 for the clerk; 1 for Department of Revenue; 1 for you to keep) of your motion to your local clerk’s office to file it in person, but we anticipate that many clerk’s offices will close or are already closed.
- Once you have created an account, select your county, enter your case number, and upload your motion. If you have any issues, contact tech support at ProSefirstname.lastname@example.org or call 850.577.4609.
- Be sure to select your local Department of Revenue’s e-mail address and e-serve them, along with your co-parent. Miami-Dade’s email address is email@example.com. Broward’s email address is firstname.lastname@example.org.
- Once you receive an email confirming that your motion has been filed, you can call your local child support office to schedule a hearing. PHONE # FOR MIAMI/BROWARD.
If you get to us after your driver license has already been suspended we will have to file the appropriate pleading to get it reinstated and schedule a hearing on the issue. You will then have to take your reinstatement court order to the DMV and pay applicable fees for reinstatement. We are concerned about our ability to get into court expediently given the current state of emergency we are under. Driver license suspension is not considered an emergent issue for the Court, although it can be devastating to you personally, in terms of your ability to earn income. No judge will grant an emergency hearing to address your driver’s license suspension.
Note that if you subsequently do not comply with your support order, the department may commence a new proceeding to suspend your license again. In addition, a proceeding to suspend a license may apply to one or more of your professional licenses as well, so it is important to be current on your support obligation.
If you have received a notice of suspension of your license, or if you would like to develop a plan for possible child support/timesharing issues related to COVID-19, contact an experienced Dadvocacy attorney at (305) 363-6171.