Imagine you are ordered to or agree to pay child support and you get stuck in a difficult situation and fall behind. M.G.L. c. 119A §16B provides the Department of Revenue (DOR) with authority to notify the Registry of Motor Vehicles (RMV) to suspend or prohibit the issuance or renewal of your drivers license. DOR can make an individual's difficult financial situation that much worse with one quick e-mail notice to the RMV. If the DOR notifies the RMV to suspend a drivers license, every aspect of that individuals life will be impacted. Once the license is suspended they cannot drive to the grocery store, drive to pickup their children or even drive to work. A non-payment of child support license suspension can very easily make it impossible for that person to get to work to earn money to pay the support!
By law before DOR can notify the RMV to suspend a license they must afford a child support payor 30 days to request a hearing. If no hearing is requested, DOR may issue a final determination of delinquency and notify the RMV to suspend the drivers license. A payors right to request a hearing within 30 days of notice is the only right to contest a delinquency determination and try to prevent the license suspension.
Once RMV receives notice from the DOR it must act and suspend the drivers license. The RMV does not have any discretion and there is no grounds in the law for the RMV to grant any hardship relief. Once the suspension is imposed the only way to have the suspension terminated is to get either a probate and family court order or to reach a settlement agreement with DOR. Once you comply with the terms of the settlement agreement, DOR will notify the RMV and your right to operate will be reinstated.
Attorney Gilman has successfully represented numerous clients with child support related suspensions. The RMV and the Board of Appeal will not hear such license suspensions. Attorney Gilman works frequently with the Department of Revenue to reach settlement agreements to get clients licenses reinstated. Contact Attorney Gilman today to start working to fight back against the Department of Revenue.